Place and role of the executive power in the theory of separation of powers

Abstract

The article analyzes theoretical bases of the principle of separation of powers from its origin up to the present time. The article reveals that the principle of separation of powers was inactive and ignored wherever totalitarian and authoritarian regimes were established. It is shown that the peculiarity of the executive power lies in its law enforcement functions, it performs the implementation of the laws adopted by the Parliament. A special place in the article is given to the institution of delegation of executive power legislation. The strengthening of the executive power can be conditioned by the fact than when there is no unity among the various political forces in the society, this results in a critical situation. Any state that is in crisis should ensure strict parliamentary and judicial control. In this case, only a system of checks and balances ensures equality and sovereignty of power for uniting common goals – the creation of a legal and dynamically developing state.