EIRP Proceedings, Vol 7 (2012)

Abstract

The principle of separation of powers, as a basic principle of a real democratic political system, concerns that state activities, powers are separated by the fact that they take place separately, distinct from one another, each with its specific, but in the social polical reality it can be seen that there are links between public authorities in terms of organizational and functional, namely cooperation and mutual determinations. In terms of organization, the link is given by the fact that some state bodies involved in the formation of other, and the functional aspect concerns the connection of collaborations: the constitutionality of laws passed by Parliament is controlled by the Constitutional Court or Government activity can be examined by Parliament. The modern form of the principle of separation of powers requires autonomous public authorities, sharing their incumbent functions, establishment of means of cooperation and mutual control, all in the ambience of a genuine and real autonomy. So a state cannot work unless the law adopted by thelegislature is applied to urge the executive and the judiciary by the executive contest carries out its decisions. This cooperation should be accompanied by a power control, equipped with legal and institutional means that will not neutralize eachother.