THE IDEA OF PARTITION OF STATE POWER AND ITS INTERPRETATION (Idea rozdzialu wladzy panstwowej i jej interpretacje)
Wybrane pełne teksty z tego czasopisma
The category of 'division of power' is one of the most ambiguous notions in constitutionalism. The article discusses various ways of understanding this category, particularly the partition of power understood as a separation of powers, i.e. the partition of functions and division of labour. In his conclusions, the author considers that, the basic content of the principle of partition of State power is determined by the following canons: - separation between legal spheres of operation of the State; - partition of the State apparatus into groups of organs (at least two) corresponding to the partition of the above-mentioned spheres; - making the relations between these organs based on the principle of independence and equality; - mutual restraint between individual groups of organs, the result of which is a relative balance between these groups, as well as their cooperation; - performance of their own legal sphere of activity by each group of organs and leaving them a relatively limited the capability to interfere in the activity of other groups.
CEJSH db identifier