Suchergebnisse

The rule of division of power belongs to a few fundamental maxims of democratic government but, paradoxically, it is probably the most vague one. In the literature of the subject some major terminological divergencies come to the fore, accompanied by the differences of opinion concerning some substantial issues affecting the mentioned precep.1 It needs then to construct its general definition - so as to identify properly the relative maxims - to clarify its basic terms, and to discern some levels within which it can be analyzed. For there are almost as many interpretations of the principle of distribution of power as the authors who examine it. In view of this, some terminological considerations, even condensed ones, are indispensable.

The scholarly attractiveness of the subject has been prejudged by the fact, that the United States of America was the first country in history which had constitutionalized the principle of division of governmental power. However, this principle has hitherto found rather a humble reflex in the literature. In Chapter I the author discusses the significance of the aforementioned principle in contemporary constitutionalism, dealing at the same time with some terminological questions. Chapter II concerns the general origin of the theory of separation of power from ancient times till the Constitutional Convention of 1787. Chapter III has been dedicated to the institutional background of the doctrine of division of governmental power of the "Founding Fathers", namely, to the governmental experiences stemming out of binding of the Articles of Confederacy, the colonial constitutional charters and the state constitutions. Chapter IV regards the ideological and social background of that doctrine. Chapter V affects the motivation of constitutionalization of the principle of division of power in the views of the Framers. In Chapter VI the author presents the very doctrine of division of power of the "Founding Fathers", especially its foundations concerning the coordination of governmental powers (i.e. Congress, the President, and the Supreme Court), their functions and competences, structure, procedure of creation as well as term. Chapter VII refers to the problem of guarantees of the division principle, both formal (checks and balance system) and material ones (James Madison's conception of pluralism and social distribution of power). Chapter VIII comprises some conclusions.