Critically examine the doctrine of the separation of powers, with particular references to its constitutional and practical importance.
Riabichev Anton
Group 2
Critically examine the doctrine of the separation of powers, with particular references to its constitutional and practical importance.
The concept of separation of powers has its origins in ancient times. Of course the order and the number of the branches of power were not similar to a nowadays situations. None the less – the examples of courts, for instance, could be found in ancient Roma or Greece – so the judicial branch was on its own from executive and legislative. If we look in constitutions of most of the countries in the world at a present time – there we would almost inevitably find some articles, sections or whatever devoted to the separation of powers. For example we can take the constitution of Russian Federation, article #10 states: “State power in the Russian Federation shall be exercised on the basis of its division into legislative, executive and judicial authority. Bodies of legislative, executive and judicial authorities shall be independent.” This is a very bright example, because in other constitutions there is usually no such special point about the separation of powers, generally the highest bodies of each branch are stated in different articles or sections (example: the constitution of the United States of America). But the question that comes to mind is why the idea of separation of powers is so popular? Why is it so widely used? Is everywhere the way of implementing the concept into reality appears to be the same? Would it be possible to cope without having different branches of power separated?