FEATURES OF THE PRINCIPLE OF SEPARATION OF POWERS IN THE CONTEXT OF THE LEGAL LIMITATION OF STATE POWER
DOI:
https://doi.org/10.53614/18294952-2023.2-34Keywords:
separation of powers, checks and balances system, veto, limiting state power, government, president, parliament, delegation, parliamentary form of government.Abstract
This article addresses the most important theoretical and practical issues of modern jurisprudence, the manifestation of the principle of separation of powers in the context of the legal limitation of state power. The article reveals the essence and features of the manifestation of the concept of "legal restriction", the principle of separation of powers, as well as the system of checks and balances in modern legal literature. The purpose of the study of the topic is to present various approaches of well-known jurists and philosophers regarding the principle of separation of powers, the peculiarities of the manifestation of this principle in the presidential, semi-presidential and parliamentary republics, as well as to present the author's analysis of them. Particular attention was paid to the issues of delegating the right of legislative initiative and the use of the veto by the President in the context of the principle of separation of powers.
The results of the study will provide an opportunity to gain a more detailed understanding of the legislative development of this principle of government in different states and forms of government, as a result of which we will be able to improve the legislation of the Republic of Armenia.