DA LI SE DRŽAVNA VLAST MOŽE PODELITI? Neka otvorena pitanja principa podele vlasti

Abstract

The author starts from the position of the impossibility of a sharp separation of powers. State power is unique, although there are different functions performed by different authorities. These functions are related. Sovereignty rests on the synthesis of different branches of government. Using the example of public agencies, the author points out that sovereignty cannot be shared and that the separation of powers is primarily an organizational and legal issue of divided competences, and then a political issue that is difficult to control in modern conditions because we have a number of independent bodies, which are not really so. The separation of powers is actually an attempt to put the law above politics and to restrain informal and extralegal political influence, not so much the organs as the individuals in them through the legal regulation of competences, control of organs and the responsibilities of individuals. The state government fights against all division, because it is immanently a „single whole“, but law seek to restrain and control it.