Is the Separation of Powers a Useless Concept? The Components and Purpose of the Separation of Powers
Is the Separation of Powers a Useless Concept? The Components and Purpose of the Separation of Powers
Author(s): Martin HaplaSubject(s): Political Theory, Public Administration, Public Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: Separation of powers; state functions; checks and balances; independence; political theory;
Summary/Abstract: In this paper, the author raised the question of whether the separation of powers is a useless concept. It points out to insufficient reflection of its theoretical and philosophical origins. The paper also distinguishes its components, which it then analyses in more detail. Great attention is dedicated to the tension between the system of checks and balances and the institutional independence. It also examines the purpose of the separation of powers, warning that we can no longer seek it exclusively in the prevention of tyranny but rather in the optimization of government. At the end of the paper is emphasized the need to examine the question of how to solve tension between these components.
Journal: Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
- Issue Year: 2018
- Issue No: 8
- Page Range: 205-216
- Page Count: 12
- Language: English