Open AccessSEPARATION OF POWERS AND THE INDEPENDENCE OF CONSTITUTIONAL COURTS
Author(s) -
Кристоф Грабенвартер,
Кристоф Грабенвартер
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/17101
Subject(s) - separation of powers , independence (probability theory) , state (computer science) , law , interdependence , economic justice , realization (probability) , law and economics , political science , power (physics) , inherent powers , judicial independence , sociology , computer science , mathematics , constitution , politics , physics , statistics , algorithm , quantum mechanics
The presented article is devoted to one of the essentially and vitally important problems of an each country state power system maintaining, which is obviously influencing the sovereignity strengthening and making the legal constitutional basis of a state more durable and stable. The author considers the various aspects of the proportionality, which is to be provided in the state powers separation principle realization, dividing them into three traditional branches on one hand, and at the same time in the promoting constitutional courts real independence in every state on the other hand. The author tries to observe the appearance and further development of two methods which might be effected in reaching these goals. From his point of view the first method should be focused on further perfecting the division of labour in the state power system, which is to promote the actual independence of constitutional courts as the integral component of one of the state power system branches and which is provided with the separation of powers principle. The other method is to make the judicial constitutional justice administration more effective and qualified, which will help to implement the proper preconditions for firm incorporation the separation of powers principle into the every days life of society and state. The author also underlines and pays everyone’s attention to the mutual interdependency and intercommunication which are existing between the above mentioned state aims of priority and the results of fulfilling them. As for the author’s own scientific and practical elaborations of the facilities and instruments which might be used in the field of the legal statehood foundations strengthening is concerned, he suggests arranging the international cooperation of the constitutional courts of the states and setting up professional links between them, starting up the state system of “constitutional culture” educational courses for the population and implementing the unified international unanimous ethical standards for estimating the features of the persons intending to become constitutional judges.