The Principle of separation of powers between the legislature and judicially

Distribution of state power several state bodies for this purpose limitation of power

Authors

  • Tobias Oberdieck Grand Edu, Leopoldstreet 2-8, 32051 Herford, Germany
  • Enrico Moch Grand Edu, Leopoldstreet 2-8, 32051 Herford, Germany

DOI:

https://doi.org/10.60026/ijpamed.v8i2.129

Keywords:

Separation of Power, Legislative, Executive, Checks and Balances, Civil Rights

Abstract

The separation of powers is a fundamental principle in modern democracies that serves to limit power and protect citizens' freedoms. In this context, the division of state power between the legislature and the judiciary is of particular importance. The question of the effectiveness of this principle and its impact on governance is of continuing interest to political science. This research aims to examine the effectiveness of the separation of powers between the legislature and the judiciary in limiting power and protecting citizens' rights. The central question is: To what extent does the division of state power between these two bodies contribute to safeguarding democracy and protecting individual freedoms? The research methodology involves a comprehensive analysis of literature sources, including theoretical works on the separation of powers and political philosophy. Case studies from different countries are also used to examine the practical application of this principle. Quantitative analyses of data on democracy and civil rights complement the qualitative research. The research shows that the separation of powers between the legislature and the judiciary does indeed help to limit power and protect citizens' rights. The independence of the judiciary is crucial to upholding the rule of law, and the parliamentary system promotes political representation. In countries with an effective separation of powers, democracy and freedoms tend to be better protected. The findings of this research highlight the importance of the separation of powers between the legislature and the judiciary as a fundamental principle of democratic governance. The clear separation of duties and the independence of these two bodies help to prevent abuse of power and protect citizens' rights. This becomes particularly evident when looking at countries where this principle is effectively implemented.

Author Biographies

Tobias Oberdieck, Grand Edu, Leopoldstreet 2-8, 32051 Herford, Germany

During his doctoral studies, Mr Oberdieck worked as a research assistant at the Department of Economics at Niederrhein University of Applied Sciences (Hochschule Niederrhein) and led various tutorials in the fields of economics, accounting and tax law. He also holds teaching positions at renowned institutions in the European Higher Education Area, including Buckinghamshire New University, PPA Pôle Paris Alternance (Grande École Spécialisée) and also teaches in the Doctor of Business Administration (DBA) preparatory course in Malta. He specialised in educational science and business administration.

Enrico Moch, Grand Edu, Leopoldstreet 2-8, 32051 Herford, Germany

Mr. Moch studied business administration at the University of Wismar and completed a Master’s Degree in Laws at Saarland University while working in the field. After more than 10 years of experience, Mr. Moch studied Doctor of Business Administration study programme at the Jagiellonian College in Torun. For his services to science and society, Mr. Moch has been awarded an Honorary Doctorate Honoris Causa.

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Published

31.12.2023

How to Cite

Oberdieck, T., & Moch, E. (2023). The Principle of separation of powers between the legislature and judicially: Distribution of state power several state bodies for this purpose limitation of power. International Journal of Public Administration, Management and Economic Development, 8(2). https://doi.org/10.60026/ijpamed.v8i2.129

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Articles