The principle of separation of powers in a constitutional state from a point of view of political risks

Abstract

This article is dedicated to the review of political risks, its impact on the rule of law and the theory of separation of power. The article provides a definition of the concept of political risk. It reviews the influence of political risks on the theory of separation of power; how risks can affect one or another branch of government and which consequences they entail; what political risks can lead to, when influencing on human and civil rights within a state. The article provides an overview of the development of political and legal thoughts of different philosophers who influenced to the development of the theory of separation of power and to the risks that are associated with it. In conclusion, the article underlines that political risks play an important part in the practical implementation of the theory of separation of power in a constitutional state. The article discusses the relationship between the three branches of power: legislative, executive and judicial; that constantly strive to control each other, in order to avoid the creation of political risks. In the conclusion, the author makes an overview of the nature of political risks on the development of the rule of law and the principle of separation of powers; whether the political risks are a catalyst for the development of a legal basis for political relations, and for the rule of law. The fundamental doctrines are also mentioned, which fact emphasizes not only individual freedoms and human and citizenship rights, but also the establishment of a constitutional procedure for the separation of powers. The author touches upon the issue of the legislative system, which directly relates to the separation of powers.