Author: Joanna Marszałek–Kawa
Institution: Nicolaus Copernicus University in Toruń (Poland)
Year of publication: 2010
Source: Show
Pages: 45-71
DOI Address:
PDF: ppsy/39/ppsy2010003.pdf

According to Montesquieu tripartite system, formed in the European constitutionalism, the organs of authority, in a democratic state, affect each other in an inhibitory way, balancing mutually. Traditionally, it is understood that the executive power is performed by the Head of State (monarch, president) and government, legislative power belongs to the parliament, whereas the judicial power is exercised by independent courts. Analyzing the political reality of member states it is necessary to note, that the executive participates in the national legislative processes more actively, for example, through executing constitutionally granted right of legislative initiative (usually together with deputies), by issuing acts with the power of law, or incorporating Community directives into the internal legal order.


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