The principle by which a tree map is drawn uppower with branches, was first formulated by J. Locke, an English educator who lived in the 17th century. He was an active opponent of tyranny and advocated the theory of social contract and compromise. In one of his works, Locke proposed to divide power into three spheres. Subsequently, this principle has become widespread. Let us further consider what the scheme of the tree of power is.
The author of the principle of power sharing Locke proposed to differentiate it into three branches:
To the executive branch also Locke took the courts. The French educator Sh. L. Montesquieu proposed a traditional model. His scheme of the tree of power included:
The tree of power with branches, according to Montesquieu, appearedAs a criterion of immoderate and moderate form of government. Nevertheless, his draft Constitution did not mention the balance of directions. It was assumed that the supreme position would be occupied by the institution of legislative power. Rousseau supported the theory of separation. However, his tree of power was built on the principle of priority of the sovereignty of the people. Rousseau attached great importance to direct democracy.
Initially, America was created as a republic. At the same time, the confederation was proclaimed at the first stages. Subsequently, it was transformed into a republican federative state. The founders of the United States significantly expanded the theory of power sharing. They substantiated the need for independence and isolation of the main directions. Meanwhile, the dominant was the legislative institute. To avoid imbalance, it was decided to split the parliament into chambers - upper and lower. The order of election of the first in this case was significantly different from the rules foreseen for the second. The upper chamber was intended as a deterrent for the lower chamber. The judiciary had a special role.
In the constitutional country the tree of powercharacterizes the interaction between the parliament, the government and the head of state. Different forms of government developed in different powers. Accordingly, this or that scheme of the tree of power is formed.
The first acquaintance with the principle of separationthe direction of the country's management is given to children in primary school. In the lessons of the surrounding world, they are offered a fairly simple scheme of the tree of power. Grade 3 does not require in-depth study of various forms of government. Children are given general knowledge in order to form an idea of the administrative apparatus of the state. Therefore they paint a simple tree of power. Grade 3 provides for a program that includes familiarization with such a notion as the Constitution. After all, it is in it is fixed the considered principle of separation of state institutions in the directions.
The tree of power with branches in Russia in times ofA limited monarchy (between two historical revolutions) suggested that parliament has the power to legislate, and the tsar forms a government and has the ability to impose a veto on normative acts. The same system was in the UK after the end of the Glorious Revolution. In the parliamentary monarchy, the head of state is considered nominal. He does not exercise his powers independently. The monarch has the right to form the government of the winning representatives of the parties and the majority. He can be vested with other powers. However, the head of the government actually controls the country. Such a tree of power can exist only if there is a stable two-party system.
All power, as the name implies,concentrates in the hands of the king. In this case, of course, there is no division of speech. Meanwhile, the well-known reformer Speransky proposed a project that established a constitutional monarchy and introduced representative bodies on the vertical system. In addition, it was planned to consolidate the principle of power sharing:
Additional authority couldget the State Council. The Decembrists had their own ideas on this score. Thus, Pestel proposed to establish a regime of republican rule. In this system it was intended to introduce a division of power into executive (including judicial), legislative and supervisory. In addition, it was proposed to extend the practice of people's assemblies. According to Muravyov's project, it was planned to establish a constitutional monarchy, a federal system. In his program, power was divided into legislative, judicial and executive, and a bicameral parliament was introduced. Alexander II carried out reforms. As a result, local self-government and a unified system of courts were formed. In 1905-1906, after the creation of the State Duma, the principle of separation of power was fixed in the Manifesto of October 17. In accordance with the document, the monarch together with the State Duma and the State Council possessed legislative powers. Also, the emperor was endowed with executive power. The courts carried out their activities on behalf of the monarch. The Council of Ministers became an independent government under the emperor.
With this form of government, the tree of power looks likeclearly enough. The US Constitution of 1787 established a strict principle of separation. In accordance with the established procedure, the election of the president is carried out by an extra-parliamentary way. He heads all executive power and government. The president has the right of a suspensive veto and can not dissolve the parliament. This form functions regardless of the party system. However, it does not provide for mechanisms for eliminating constitutional crises.
In times of the USSR, the principle of separation iswas carried out. All power was with the Soviets (formally with the people). The executive and other bodies were formed by them and controlled by them. The tree of power in Russia during the Soviet period presupposed the existence of one party. The elections were held on an unrestricted basis. The party sent its representatives to the Soviets, and through them to other bodies.
With this form of government,single-tree power tree in Russia. The scheme in this case does not imply the empowerment of executive and legislative bodies. The president in such a republic in practice independently implements all the functions. He forms the government, changes the legislation, dissolves the parliament. The President has the right to appoint referendums. It is elected by the people, but at the same time it can ensure its victory through an administrative resource. In some cases, referenda are held on the extension of the president's powers. This form of government is characteristic of authoritarian regimes. For a short period, it can be set for the time of eliminating the constitutional crisis. In particular, this was the tree of power in Russia from September 21 to December 25, 1993.
In Russia there were several constitutionaltransformations. During the 1988 reform, the Basic Law was amended. In particular, a two-stage system of Soviets was formed. Thus, the election of people's deputies was carried out by citizens, and the formation of the Supreme Council was carried out by the Congress. In addition, the amendments provided for the possibility of nominating independent candidates. In 1990, alternative elections were held in the USSR for the first time. A year later, amendments were made to the Constitution of the RSFSR, in accordance with which the Oversight Committee and the Federation Council were formed. In 1991, the all-Russian referendum raised the issue of establishing the post of president. In the Constitution, he was not regarded as the head of the country, but acted as the highest official of the executive bodies.
Once again the issue of power sharing wasraised in 1992. This was due to a deep constitutional crisis in the country. As a result, in September 1993, the reform was carried out, during which the opposition tried to overthrow the then acting President Yeltsin. However, the head of state took a number of measures, including the dissolution of the system of Soviets throughout the country, the transfer of executive and administrative powers to local and regional administrations. On December 12, 1993, a new Constitution was approved in a nationwide referendum, which established the principle of the division of power that is in force today.
The concept of power sharing wasvarious changes. In the constitutions of different countries, there were periodic provisions departing from the original strict schemes. The authors of the principle assumed the supremacy of legislative institutions. But throughout the 19-20 centuries. the representative branch was not strengthened, but the executive branch. This is due to the complexity of the entire management system in the conditions of industrialization and then the informatization of society. In those countries where the legislative branch was stronger, it was under the great influence of political associations. With a multi-party system, this led to instability in the mechanism of state administration and frequent government changes, and in a one-party system - to the dictates of the ruling coalition. In modern conditions, separation is not carried out between three independent branches, but there is a differentiation of directions in a unified system of power. In a holistic state, there can not exist several control devices. Also, branches of power can not function completely isolated from each other.</ p>