Implementation of the principle of separation of powers n the Anglo-Saxon and continental types of legal culture
Abstract
The paper analyses ways of implementing the idea of the separation of powers in the Anglo-Saxon and continental type of legal culture. The first part briefly outlines the intellectual influences (especially Locke, Montesquieu), which affected the practical implementation of the separation of powers.
The differences between British and continental concepts are shown. In the United Kingdom, the components of state power are not strictly separated - the legislative and executive branches of the power are only partially separated; until recently, the judicial component was also incompletely separated.
However, a smaller formal separation of powers has advantages, such as less rigidity and greater efficiency. Moreover, the lower level of the separation of powers in the United Kingdom is balanced by other principles, such as the principle of parliamentary sovereignty, the principle of parliamentary accountability, the principle of rule of law and the devolution principle.
Even in recent years, however, there have been changes in the distribution of individual components of power. The Human Rights Act 1998 brought about a change in the relationship between the legislative and judicial components of the power.
However, it can be concluded that there is no uniform trend of convergence or divergence in the Anglo-Saxon and continental concepts of the separation of powers.