44Separation of powers theory

The separation of powers, often imprecisely used interchangeably with the triaspolitica principle, is a model for the governance of a state (or who controls the state). The model was first developed in Ancient Greece and Rome. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into a legislature, an executive, and a judiciary.

The idea of separation of powers, which had been expressed by such classical and medieval thinkers as Aristotle and Marsiglio of Padua, was formulated as a doctrine in the mid-18th century by Montesquieu. The theory of the separation of powers, which is related to the theory of natural law, played a progressive historical role in the struggle of the bourgeoisie against absolutism and the arbitrary rule of kings. The doctrine was used in a number of countries to justify a compromise between the bourgeoisie, which had won control over the legislature and judiciary, and the feudal-monarchical circles that had retained executive power. According to F. Engels, the theory of the separation of powers is “nothing but the profane industrial division of labor applied for purposes of simplification and control to the mechanism of the state” (K. Marx and F. Engels, Soch., 2nd ed., vol. 5, p. 203).

With the establishment of the capitalist system the principle of the separation of powers was proclaimed one of the fundamental principles of bourgeois constitutionalism. This was first reflected in the constitutional documents of the French Revolution. The principle of the separation of powers was followed in drawing up the US Constitution of 1787 (still in effect), which established a strong presidency largely independent of Congress. In actuality, the principle was not consistently followed in the constitutional practices of the capitalist countries. For example, the system of checks and balances, widely used in the “presidential republics,” is a significant divergence from the theory. Under this system the legislature is dependent on the executive branch because of the right of the head of state to veto legislative enactments and because of the judicial review of the constitutionality of laws.

Marxist-Leninist theory rejects the theory of the separation of powers because it ignores the class nature of society. The existence in a socialist state of state bodies with different jurisdiction means that a certain division of functions in exercising state power is essential while maintaining the unity of state power.

45Concept of democracy

Democracy is a form of government in which all eligible citizens have an equal say in the decisions that affect their lives. Democracy allows eligible citizens to participate equally—either directly or through elected representatives—in the proposal, development, and creation of laws. It encompasses social, economic and cultural conditions that enable the free and equal practice of political self-determination.

The term originates from the Greek δημοκρατία (dēmokratía) "rule of the people"[1], which was coined from δῆμος (dêmos) "people" and κράτος (kratos) "power" or "rule" in the 5th century BCE to denote the political systems then existing in Greek city-states, notably Athens; the term is an antonym to ἀριστοκρατία (aristocratie) "rule of an elite". While theoretically these definitions are in opposition, in practice the distinction has been blurred historically.[2] The political system of Classical Athens, for example, granted democratic citizenship to an elite class of free men and excluded slaves and women from political participation. In virtually all democratic governments throughout ancient and modern history, democratic citizenship consisted of an elite class until full enfranchisement was won for all adult citizens in most modern democracies through the suffrage movements of the 19th and 20th centuries. The English word dates to the 16th century, from the older Middle French and Middle Latin equivalents. A democratic government contrasts to forms of government where power is either held by one, as in a monarchy, or where power is held by a small number of individuals, as in an oligarchy. Nevertheless, these oppositions, inherited from Greek philosophy,[3] are now ambiguous because contemporary governments have mixed democratic, oligarchic, and monarchic elements. Karl Popper defined democracy in contrast to dictatorship or tyranny, thus focusing on opportunities for the people to control their leaders and to oust them without the need for a revolution.[4]

Several variants of democracy exist, but there are two basic forms, both of which concern how the whole body of all eligible citizens executes its will. One form of democracy is direct democracy, in which all eligible citizens have direct and active participation in the decision making of the government. In most modern democracies, the whole body of all eligible citizens remain the sovereign power but political power is exercised indirectly through elected representatives; this is called representative democracy. The concept of representative democracy arose largely from ideas and institutions that developed during the European Middle Ages, the Age of Enlightenment, and the American and French Revolutions.