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

Separation of powers may be a foundation of democratic governance, guaranteeing that no single institution holds supreme specialists. In this consideration, we investigate the viability of this rule in constraining control and safeguarding citizens' rights, centering on the separation of legislative and legal powers. Our address inquiry is: To what extent does the division of state power between the legislature and legal contribute to the security of democracy and personal flexibility? We utilize a mixed-methods approach, combining hypothetical examination, case studies, and quantitative information. Our literature review draws on works on the partition of powers and political logic, whereas the case studies from different countries the common usage of this rule. Moreover, we utilize quantitative information on democracy and respectful freedoms records to supplement our qualitative analysis. Our discoveries propose that an effective separation of powers between the legislature and judiciary undoubtedly contributes to the restriction of control and the assurance of citizens' rights. Judicial independence is imperative for maintaining the rule of law, whereas a parliamentary framework cultivates political representation. In nations where this separation is successfully actualized, democracy and opportunities tend to be superior shielded. Our study highlights the significance of the separation of powers as a basic component of majority rule governance. The particular parts and freedom of the legislative and judicial branches offer assistance to anticipate the concentration of power and secure citizens' rights. This can be especially apparent in countries where this guideline is effectively connected.

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