Separation of powers and dissolution of parliament – the European novelties

Abstract

As a matter of fact, the concept of separation of powers, which originated on the European continent, is classic in constitutional law. Nevertheless, over the centuries, representative democracies in Europe have changed, as well as the content of the concept of separation of powers. This is especially so, bearing in mind the emergence and development of political parties, again predominantly in Europe. With this in mind, the paper first discusses understandings of power division, followed by critical ideas on it. Next, the necessary emergence and development of political parties and their influence on the principle of separation of powers are shown. In the end, for the sake of a more correct understanding of the term itself, it is concluded that it is necessary to take into account both the legal and political dimensions of the separation of powers, and to adopt the concept of legal-political separation of powers. In this sense, the mentioned research is applied to the institution of dissolution of the parliament, and its change is noted as well. Namely, conclusion is that this institute no longer serves the final resolution of the relationship between the legislative and executive authorities, but the final resolution of the relationship between the position and the opposition.