Separation of Powers: Principles, Evolution, and Application in Modern Democracies
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Separation of powers, Montesquieu theory, legislative power, executive power, judicial power, public powers organization, political regimes, popular sovereignty, national sovereignty, liberal democracy, direct democracy, semi-direct democracy, parliamentarism, political parties, political power, State design, individual freedoms, rights and freedoms, Catholic conception, Protestant conception, Christian conception, philosophical compromise, institutional principles, political conceptions, absolute domination, executive power division, legislative power division, State role, government responsibility, investiture, political ideology, party program implementation
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Abstract
"Unlock the intricacies of governance with an in-depth exploration of the separation of powers, a cornerstone of modern democracies. Discover how Montesquieu's theory, influenced by predecessors like Aristotle, has evolved over time, shaping political regimes and the balance between legislative, executive, and judicial powers. Learn about the nuances of strict and flexible separation, the role of political parties, and the compromise between national sovereignty and popular sovereignty in liberal democracies. Dive into the complexities of political power, the impact of ideology on governance, and the delicate balance between individual freedoms and state authority."
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[...] II - the authoritarian tradition There again we are going to make a distinction between: ? The " the monarchical regime : the King is the incarnation of a supreme power. This tradition is claimed by French aristocrats, who left to fight with the armies of other countries that want to restore the monarchy in France. It returns when Louis XVIII is in power in 1814. Then the Charter of 1830 will diminish the royal power, to make way for a more powerful monistic parliamentarism. [...]
[...] It is because he no longer wants this royal power that he distinguishes the legislative power, the executive power and the power relative to questions of civil law. Thus instead of having an absolute power, it must be that the power stops the power. In fact, any person having power would be inclined to abuse it. The logic of the revolutionaries will be to categorically separate public powers (art 16 DDHC: no Constitution without separation of powers). Thus they will distinguish the legislative and executive powers. On the other hand, the power to regulate disputes will be limited to private law conflicts. [...]
[...] There is an exception in the EU for nationals of Member States who can participate in local elections in all other Member countries. The question of granting the right to vote to foreigners is however raised, particularly since the left has been in power. But taking into account the unpopularity of this measure, the draft laws have never been initiated in this area. II - the electoral operation A - The filing of candidacies It is here a matter of determining which people can present themselves for the elections. There are conditions related " ? [...]
[...] In fact, these latter ones do not have the objective of exercising power, but rather the influence on the exercise of political power. It is a matter of obtaining from those who exercise it that they implement a certain program, favoring the will of these pressure groups. They do not seek conquest, but rather action on power. It can be corporate groups, trade unions . II - the typology of political parties There is first an old distinction, presented by Duverger between: - parties of framework = old parties, gathering rather certain notables; - mass parties = new parties including many members but with few elected officials. [...]
[...] This Constitution will then remain an essential historical reference for subsequent democratic regimes. II - the sources of liberal theory ? A source religious (protestant: through the" the Reformation of Luther and Calvin, one attaches particular attention to the" liberty of the individual and to his moral choices. ? A source philosophique : it is Montesquieu who is the reference, since he developed a liberal approach separation of powers so that the State cannot crush the individual. The individual liberty first. ? [...]
