Liquid Division of Powers or Searching for Policy Reflection in the Mirror of Law (A Case Study of the Prepared Legal Regulation of National Individual Sanctions in the Czech Republic)
Abstract
The author demonstrates, using the example of the individual sanctions, the conflict between the social demand of flexibility and reactionary-effectivity of enforcing the political goals and social values in the complex world in form of sanctions against the individuals by the executive power, i.e. de facto punishments, with the traditional separation of powers according to which the decision-making (judgement) on punishments is exclusively role of the judiciary. The author is focusing especially on the Czech legislation-in-preparation of the individual sanctions of which the author is the legislative drafter.
The case study of individual sanctions is used to demonstrate the liquidity of separation of powers in modern democratic state, following the ideas of Zygmut Bauman and his phenomenon of liquid society.