THE CONTEMPORARY SIGNIFICANCE OF THE PRINCIPLE OF THE SEPARATION OF POWERS

  • Boguslaw Banaszak
  • Szmyt Andrzej University of Gdansk, Poland
  • Agnieszka Malicka

Abstract

The principle of the separation of powers into legislative, executive and judicial powers is now recognized as being one of the basic characteristics of a democratic state both in the field of constitutional law and in jurisprudence. Legal commentators who reject it as a condition for determining the existence of a democracy are few and far between in the literature (e.g., W. Sokolewicz). These commentators stress that the separation of powers is mandatory insofar as it is essential to ensure judicial independence, but is not a requisite for justifying equality of position between executive power and legislative from whence it is but a small step to bureaucratic autocracy. Keywords: separation of powers, legislative, executive and judicial powers, democratic state, constitutional law,  jurisprudence.

Author Biographies

Boguslaw Banaszak
Professor Habilitatus Dr h.c. multi Boguslaw Banaszak
Szmyt Andrzej, University of Gdansk, Poland
Professor Habilitatus
Published
2013-12-10
How to Cite
BANASZAK, Boguslaw; ANDRZEJ, Szmyt; MALICKA, Agnieszka. THE CONTEMPORARY SIGNIFICANCE OF THE PRINCIPLE OF THE SEPARATION OF POWERS. Anales Universitatis Apulensis Series Jurisprudentia, [S.l.], n. 16, dec. 2013. ISSN 1514-4075. Available at: <http://journals.uab.ro/index.php/auaj/article/view/51>. Date accessed: 20 aug. 2019.