The Roman Republic – an application model of the theory of separation and balance of powers within the state
The Roman Republic – an application model of the theory of separation and balance of powers within the state

Summary/Abstract: The theory of separation and balance of power in the state is not only one of the architects of democratic construction worldwide, but also one of the first concepts with which the beginners in the research of legal sciences become acquainted. Not coinci¬dentally, a significant part of the disciplines of law mentions this theory, since law goes beyond the limits of science, being a living organism, whose pulsations are in fact vital instruments in achieving and maintaining the idea of well being of society. The existence and effectiveness of any legal relationship (irrespective of the branch of law that enshrines them) depends organically on the observance of the separation of the judiciary by the other two powers. While it is undeniable that by promoting the theory of separation of powers in the state in the ideology of the bourgeois democratic revolutions, it has become the foundation of modern constitutions, a careful look in the distant past will highlight a surprising reality: the Romans, in the edification of the Republic, actually applied the separation of powers in the state many hundreds of years before the appearance of the theory.

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