Separation of Powers Principle in the States of XXI Century: Constitutional Approach

Abstract

The relevance of the topic of this study comes from the constant search by legal theorists for the formula of an ideal state and the determination of the scope of power and functions of a particular branch of government. That is because the different balance and strengthening of one of the three branches of government leads to the formation of one or another political system within the state, and also determines the dynamism of the country’s development. In different states, this balance and system of checks and balances are formed differently, which gives rise to their political characteristics, thus creating political challenges. The subject of this work is the principle of separation of powers, according to which democracy is realized in the modern world. The purpose of the work is to explore the theory of separation of powers, its current position in countries with Presidential and Parliamentary forms of government and how compliance with certain criteria can help maintain the effectiveness of government in the modern era. The topic of this study is relatively up-to-date due to the small number of legal works devoted to the issues which are taken into consideration. Most researchers focus on the topic of the classical theory of separation of powers, rightfully positioning it as the dominant and generally accepted principle of organization of power in a state. Thus, based on a certain distribution of power, they give their preferences to one or another form of government. At the same time, the smaller number of works are devoted to alternative positions associated with the branches of government. This article, in its essence, is a study that starts discussion on the topic of the constitutional branch of government. The research methods used in this work are typical for a legal research (analysis, synthesis, etc.). Through a comparative analysis of the separation of powers in the countries of Kazakhstan, Uzbekistan, the United States and Indonesia, this study attempts to shed light on the need to establish a balance between the three branches of government. This study outlines the position of why the principle of separation of powers is so important for modern states of the world. And how does this principle ensure stability, security and democracy in a state. Based on the analyzed theoretical and real provisions in countries, the author proposes the position of adding a new branch of government to the existing one – the classical system of checks and balances. The constitutional branch of power is a guarantee of stability and balance of a certain state. The findings of this study contribute to the debate on the distribution of power and responsibilities between branches of government and compliance with checks and balances. This reflects the eternal search for balance between branches of power in the theory of law. This study also proposes to supplement three branches of government with a fourth component – the Constitutional branch of government. The author suggests that the inclusion of a new branch of government will help make government systems and their forms of governance more democratic, efficient, and capable of meeting the requirements of modern time.