The Power of the Executive and Realization of the Rule of Law - de iure and de facto Cover Image

Моћ органа извршне власти и остварење правне државе - нормативно и стварно
The Power of the Executive and Realization of the Rule of Law - de iure and de facto

Author(s): Mile Dmičić, Milan Pilipović
Subject(s): Law, Constitution, Jurisprudence, Governance, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of law;Legal state;Executive power;President;Government;Power;
Summary/Abstract: Legally speaking, Rechtstaat and the rule of law require that all state entities and citizens must abide by the Constitution and corresponding laws. This means realizing several norms and principles, separation of powers being one of them. Separation of powers is the basis for constituting the rule of law. Separation of powers, as a factor of constituting and functioning of the rule of law, is accepted by constitutions of all states in the region, including Serbia. However, constitutionally projected power systems, based on the separation of powers principle, differ from those in practice, foremost in terms of organization, structure and functioning of executive power and in its relation to constitutional and legislative power. Executive power has star-ted to play a more dominant and active role in modern states, staying, how-ever, within the boundaries of law and corresponding legal norms. Responsible executive power must preserve its powers and modes of acting within legal frames, without exceeding dimensions of normative jurisdiction in practice. Thus, through the magnitude of its political power, executive power exceeds its constitutional and legal jurisdictions, directly influencing the organization of a state based on the rule of law. The increase of political powers of the executive power in modern states has become a reality and necessity, but its real power must be approximate to normative requirements, if a legal state and the rule of law are to be established. To realize such an objective, partocracy, lately in expansion, must be weakened.