Преиспитивање начела јединства власти
Reconsideration of the Principle of Confusion of Powers

Author(s): Goran Marković
Subject(s): Law, Constitution, Jurisprudence, Governance, Government/Political systems, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Principle of confusion of powers;Principle of separation of powers;Convent system;Legislative;Executive;
Summary/Abstract: The principle of confusion of powers in democratic mode is one of possible principles which the organization of state power is based on. Although it is not widely accepted in theory or in practice, it presents an alternative to the principle of separation of powers, which turned into its contrast because it led to predominance of the executive. Therefore it is justified to reconsider the principle of confusion of powers, its advantages and disadvantages, especially considering principles of people's sovereignty and democracy. In order to understand the principle of confusion of powers properly, it is particularly important to analyze relationship between legislative and executive as well as to point out possible obstacles for practical domination of the former. Two main factors could prevent this domination: wide normative authority of executive and participation of influential politicians in its work. Therefore, in the conclusion of this paper factors which facilitate practical realization of this principle are discussed.

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