The Theory of the Distribution of Powers and its Practical Implementation, in Particular with Regard to the United States
The Theory of the Distribution of Powers and its Practical Implementation, in Particular with Regard to the United States

Summary/Abstract: There are two major forms of the democratical excercise of powers: the direct and the indirect democracy. The entire system of the separation of powers can be can ce classified within the scope of the indirect excercise of democracy, although in a broad sense methods of the direct excercise of the democracy can make up such division of powers, which can be used as a bance against the machine of power structures, which relys too much on the binary code of the government -opposition, and distances itself too far from the people. Here I would like refer to the legal instrument of the referendums, within which, it is possible to talk about a significant direct excercise of democracy. The American theory, the ’checks and balances’ shall be equal to the concept mentioned above. Usually that concept named as a synonym of it, nevertheless according to some opinions that is considered to be different from it. The demand of mentioning the constitutional power as a separate factor can be arised after the question of creating the classic branches of power is transferred from theory to practice. Namely when not just scientific foundation but social legitimacy inevitably arise. Its importance is justified that the whole framework of the system of the exercise of power is specified by the constitution, which can’t be only the ultimatum of the ruler or a particular social group, layer, class in a constitutional democracy.

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