romanian english

Marius BALAN: Reflections on the principle of separation of powers

Abstract: As fundamental dogma of both constitutionalism and parliamentary democracy, the separation of powers principle stands out in the remarkable diversity of the various forms of its substantiation. Even if its original meaning, focused on the distinction among state functions and on the concern in maintaining separate the agencies and authorities fulfilling those functions, is subject to unavoidable re-evaluation or reconsideration, its major aim – the developing of a checks and balances institutional system for political powers and the effective granting of a sphere of individual freedom protected against state encroachments remains acutely relevant. In this context, a structural approach in dealing with the intricate problem of power arrangements in the modern constitutional state renders possible a higher degree of accuracy in emphasizing the political and institutional challenge of the separation principle. 

Keywords: separation of powers; constitutionalism; constitutional history; Romania, communist regimes; transition to democracy;

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