2. Introduce the term “trias politica” and its significance in historical perspective.

Question 1

Give a definition of trias politica!

Answer 1

“Trias politica” is the separation of powers into legislation, administration/execution, adjudication so power couldn’t concentrate in the hands of a few individuals. It originates from Montesquieu who argued that functions ought to be kept apart and separate. There are three state functions so three branches:
1) Creation of general rules in legislation – legislative power (mostly Parliament)
2) Implementation and execution – administration or executive power
3) Application of rules to decide disputes – adjudicative power or judiciary

Question 2

Which branch is always indipendent?

Answer 2

Judicial independence is a defining feature of constitutionalism everywhere, the other two branches have no power over the adjudication. The relation is much more complex between the other two
(„political”) branches.

Question 3

Why the legislative and executive are not so hermetically separated?

Answer 3

• Administration also formulates or drafts legislative proposals
• In the West, most of policy making carried out by Parliament
• For realisation of policies govt seeks approval of Parliament

Question 4

Describe the checks and balances!

Answer 4

power limited by intertwining branches
 Forced cooperation: in order to prevent abuse of power, some functions are assigned to different branches jointly (shared appointment powers, veto powers, etc)
 Judicial review – constitutional review → strongest check on power in parliamentary systems

Question 5

Describe Parliamentary Systems!

Answer 5

• Government relies on the support of the majority in parliament (it is often even elected and can be removed by parliament) → government is accountable to parliament: not real separation between parliamentary majority and government
• Government initiates (or even often formally proposes) laws and makes policies → danger of reducing parliament to a voting machine by the prime minister

Question 6

Describe Presidential systems!

Answer 6

• The power of the executive is independent of the power of the legislature
• The office of the head of executive does not depend on the legislature
• Usually, the head of executive cannot initiate legislation (but of course can try persuading legislators to introduce new law)