THE PRINCIPLE OF SEPARATION OF POWERS IN THE REPUBLIC OF MACEDONIA BETWEEN CONSTITUTIONAL NORMS AND REAL IMPLEMENTATION

Shasivari, J.
Abstract:
The principle of separation of powers, explained more simply, means that the three basic functions (activities) of the state need to have different bodies: the one who approves the law should not judge and govern, and vice versa, thus, the one who judges must not approve the law or the one ruling should not judge. Each function must have its own particular organs, they must not all join in the hands of a man or a body. Among the fundamental values of the constitutional order of the Republic of Macedonia exhibited through the 11 basic constitutional principles in Article 8 of the Constitution of the Republic of Macedonia, as a fundamental value is also stipulated the principle of separation of powers into legislative, executive and judicial. Therefore, in this paper the author deals with the theoretical and practical constitutional framework of the principle of separation of power into legislative, executive and judicial, by analyzing the disproportion between the normative and real, in terms of improving the model of state power organization in the Republic of Macedonia, which is currently a hybrid model moving between the parliamentary, presidential and mixed model; on the other hand, it suffers from some systemic weaknesses, such as the syndrome of the rule of political parties, lack of intra-party democracy, insufficient respect toward the opposition, the relicts of the patriarchic and parochial political culture and poor level of decision-making process.
SGEM Research areas:
Year:
2017
Type of Publication:
In Proceedings
Keywords:
The Principle of Separation of Powers; the Governance Model of Republic of Macedonia; Parliamentary System; Presidential System; Mixed System; Cohabitation
Volume:
17
SGEM Book title:
4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2017
Book number:
2
SGEM Series:
International Multidisciplinary Scientific Conference on Social Sciences and Arts-SGEM
Pages:
763-772
Publisher address:
51 Alexander Malinov blvd, Sofia, 1712, Bulgaria
SGEM supporters:
Bulgarian Acad Sci; Acad Sci Czech Republ; Latvian Acad Sci; Polish Acad Sci; Russian Acad Sci; Serbian Acad Sci & Arts; Slovak Acad Sci; Natl Acad Sci Ukraine; Natl Acad Sci Armenia; Sci Council Japan; World Acad Sci; European Acad Sci, Arts & Letters; Ac
Period:
24 - 30 August 2017
ISBN:
978-619-7408-14-0
ISSN:
2367-5659
Conference:
4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2017, 24 - 30 August 2017
DOI:
10.5593/sgemsocial2017/12/S02.096
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