LawState and Law

Three branches of power: an overview

The device of any modern state can be likened to a sprawling tree. From the main trunk are three branches of power, each of which carries a certain load, and all together they provide the work of the mechanisms of public administration.

For the first time such a scheme was proposed by the English philosopher John Locke in the seventeenth century. This idea of dividing power into related branches is a characteristic feature of legal states. The most complete development it received in the works of the French thinker Charles Louis Montesquieu, who formulated the concept of "3 branches of power," with some changes surviving to the present day.

The first of these branches, legislative, belongs to the exclusive right to pass laws, it exercises its functions through a representative body of power - the parliament, in which the people delegate representatives through elections. The Legislative Assembly (one of the synonyms of the Parliament) is the only instance in the state, which after careful consideration at parliamentary hearings adopts certain laws or amendments to them.

Parliament, thus, represents the legislative branch of the state tree, in addition it regulates the financial sphere, approving the budget proposed by the government, solves many other issues related to the country's foreign and domestic policy.

In addition to legislative, three branches of government are divided into executive and judicial branches.

First of all, the government cabinet headed by the Prime Minister belongs to the executive authorities . The government ensures the implementation of laws and other legislative acts. In the regions, it is implemented through local executive bodies or elected bodies of local self-government.

In addition to the legislative and executive components, the "three branches of power" structure includes the judicial one.

It is primarily characterized by justice - a special state activity, designed to resolve disputes in the courts.

The judiciary should strictly monitor compliance with the law and the implementation of justice in accordance with the rules of criminal procedure and commercial law. This purpose is served, for example, by such a body of the judiciary as the prosecutor's office. In addition, the judiciary, in particular the Constitutional Court, performs the function of overseeing the other two branches of power in accordance with the principle of the separation of powers that is most important in the structure of a truly democratic state .

The three branches of power, being separate, should not only interact and complement each other, but also through the so-called restraint system and counterbalances to be constantly within the legal framework. The same purpose is served by the post of the president of the country - not only the head of state, but also the guarantor of the constitutional rights of citizens. The main thing in the activity of the president is the coordination of the effective work of the bodies of all three branches of power in carrying out the main directions of state policy.

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