Dělba moci a její proměny – Tryzna Jan (2020)

The concept of the separation of powers represents one of the foundational building blocks of contemporary democratic legal states. Its basic idea, based on the belief that concentrated power poses a risk of abuse, remains valid; however, the methods to prevent such an undesirable state are variable. A functional concept of the separation of powers must therefore be dynamic. It undergoes both spontaneous development and is influenced by managed social processes. A fundamental characteristic of these changes can be considered the changing beliefs about who is best equipped to confront potential attempts to usurp a larger share of power. The concepts of the separation of powers no longer involve exclusively domestic bodies and other domestic actors. To an unprecedented extent, the interference of international and supranational organizations can be observed, as well as the influence of the non-state sector, whether profit-oriented or non-profit. Some of these changes are addressed in the book. It defines the very concept of the separation of powers, turns attention to the relationships between the legislator and the bodies applying the law, which it describes against the backdrop of the dichotomy of law-making and law-amendment, and analyzes the influence of international and supranational organizations on the activities of domestic bodies as one of the forms of their...