Abstract

TAPIA GUTIERREZ, Javier. Separation of powers, cheks and balances and the new forms of separation of powers in the Constitutional State of Law . Rev. Jur. Der. [online]. 2022, vol.11, n.17, pp.37-52. ISSN 2413-2810.

Abstract: This essay reviews a history of the theory of the separation of powers, from its antecedents in Greek and Roman antiquity, its formulation in legal modernity that accompanied the birth of states and the written constitutions, to the changes registered with the new paradigm of the Constitutional State of Law. Currently, this theory focuses on differentiating between the government bodies, which include the executive and the legislative, and the jurisdictional and constitutional control bodies, that is, those that include the judicial body and the constitutional court

Keywords : Separation and division of powers; checks and balances; Constitutional and Democratic rule of Law; fundamental rights.

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