The theoretical materiality of the principle of the separation of powers is beyond doubt. This principle is inevitable in discourse on the constitutional framework of the state, democracy and the rule of law, and it has its own form of expression in positive law. Although the relevance of the principle of the separation of powers in social discourse creates the illusion of the conceivability of its content, the ontological questions concerning this principle remain largely vague. This can be explained by considering two aspects. First, as established in scientific doctrines and constitutional forms of expression, the principle of the separation of powers has become a social and legal ideologeme; it approximates an axiom which is no longer substantiated anew. Second, discourse concerning ontology is always complicated, since it calls to question the essence itself. It is complicated not only because it requires a particular intellectual effort and academic courage, but also because the outcome of such discourse is unpredictable and can lead either to the ideologeme being confirmed to be true or being unexpectedly revised, or perhaps can even lead to the demise of what has so far been self-evident, unquestionable, obvious, universally known, etc. This article analyses the ontological essence of the principle of the separation of powers – an approach towards the human being, whereby meaning is given to the consequent system of causal relationships within the whole theory. Discourse in this article takes ontological issues as its object of inquiry: why did we decide to separate powers and how many of these separated powers are there?
Keywords
- The principle of the separation of powers
- Constitution
- ideologeme
- myth
- checks and balances
You Shall Not Pass: The Strategic Narratives Defining Russia’s Soft Power in Lithuania Protection of Human Dignity at the End of Life of the Terminally Ill: Ethical and Legal Considerations about the Law and Policy on Advance Directives in Lithuania Human Rights and Religious Freedoms During the Covid-19 Pandemic in Kosovo Accountability, Public Values, and Participatory Budgeting in Poland Child Right to Privacy and Social Media – Personal Information Oversharing Parents Criminalization of the Promise and Offer to Give or Accept a Bribe as a Completed Criminal Offense: Compliance with the Ultima ratio PrincipleThe Good Faith Based Approach as a Legally Acceptable Intervention in Freedom of Contract to Protect Consumers’ Rights When Banks Unilaterally Close Accounts