Separation of powers – staatsrecht.honikel.de

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Zusammenfassung:

Further information on the separation of powers.

Content:

Development

The separation of powers has its historical origins in the state theories of John Locke and Charles-Louis de Secondat Baron de Montesquieu in the 17th and 18th century. They developed, what today is called horizontal separation of powers.

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Kinds of Separation of powers

Due to the separation of powers the power of the state is limited. In addition to the original horizontal separation of powers there are now more forms of the separation of powers.

Horizontal separation of powers

Classic division of state power on three powers: legislative, executive and jurisdiction

Vertical (federal) separation of powers

Division of state power to the Federal Republic of Germany and the individual Laender (countries).

Dezisive separation of powers

Division of decision-making power to several groups (for example, government, parliament, interest groups). Thus, each of the participating groups is controlled and limited.

Temporal separation of powers

Thus, in the context of elections, the individual mandate holder gets the office only for a limited time, a time-sharing and limitation of power is established.

Social separation of powers

All citizens, not just the elite members of a group will have access to the government offices.

Constitutional separation of powers

The Constitution restricts the ability of office-holders in the state. It gives a frame which can be modified only in a limited way.

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