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THE PRINCIPLE OF SEPARATION OF POWERS IN THE REPUBLIC OF MACEDONIA BETWEEN CONSTITUTIONAL NORMS AND REAL IMPLEMENTATION

J. Shasivari

Abstract

The principle of separation of powers, explained more simply, means that the three basic functions (activities) of the state need to have different bodies: the one who approves the law should not judge and govern, and vice versa, thus, the one who judges must not approve the law or the one ruling should not judge. Each function must have its own particular organs, they must not all join in the hands of a man or a body. Among the fundamental values of the constitutional order of the Republic of Macedonia exhibited through the 11 basic constitutional principles in Article 8 of the Constitution of the Republic of Macedonia, as a fundamental value is also stipulated the principle of separation of powers into legislative, executive and judicial. Therefore, in this paper the author deals with the theoretical and practical constitutional framework of the principle of separation of power into legislative, executive and judicial, by analyzing the disproportion between the normative and real, in terms of improving the model of state power organization in the Republic of Macedonia, which is currently a hybrid model moving between the parliamentary, presidential and mixed model; on the other hand, it suffers from some systemic weaknesses, such as the syndrome of the rule of political parties, lack of intra-party democracy, insufficient respect toward the opposition, the relicts of the patriarchic and parochial political culture and poor level of decision-making process.

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