Interesting social sciences/The essence of principle for the separation of powers.
Founding Fathers of the Constitution of USA[edit | edit source]
Founding Fathers of the Constitution of USA have invented this principle of the separation of powers. The purpose of this invention is the disposal of people from the risk of establishing for tyranny. When three branches of the power keep independence from each other, then establishment of tyranny becomes by unattainable purpose. In order to build a tyranny, a contender for tyrants must establish control over all three branches of government. In order to build a tyranny, one branch, most often the executive, must establish control over two other branches of government. It is natural that these two other branches of powers will resist to establishment of tyranny. Three branches of the power keep independence from each other under separation of powers and three branches of the power can even enter the conflict with each other limited of framework of constitution in case of attempt of one of branches of the power to impose own control, to take away the power at other branches of the power.
The three branches of power[edit | edit source]
Three branches of state power exist:
- The legislative power.
- The executive power.
- The judicial power.
Judicial and legislative branches of the power were subordinated to an executive branch of the power at tyranny.
It is possible to give an example of armed conflict between executive and legislative branches of the power. There was a fight between executive and legislative branches of the power in Russia from 1991 to 1993, that is between the president of Russian Federation Boris Yeltsin and Supreme Soviet of Russia led by Ruslan Khasbulatov, the majority were communists in Supreme Soviet. Executive power had to be subordinated to Supreme Soviet of Russia according to the old Soviet constitution which was never executed in fact. The post of President was not envisaged at all in old Soviet constitution. The constitutional court led by Valery Zorkin has declared about supremacy of Supreme Soviet of Russia over the President of Russian Federation. To solve this constitutional crisis, the President of Russian Federation Boris Yeltsin in 1993 has suggested to adopt the new constitution, but Supreme Soviet has refused to the President to satisfy this initiative.
Increase of the conflict between executive and legislative branches of the power has developed into armed conflict between them and Supreme Soviet has begun armed struggle for the power by the first. The vice-president Alexander Rutskoy went to the side of Supreme Soviet. Supreme Soviet has appointed of Alexander Rutskoy by the President of Russian Federation. Communists organized "a campaign of the armed protesters on the Kremlin", as a result militiamen have died, because militiamen tried to prevent to communists This demonstration was organized by organization "Labour Moscow" led by Victor Anpilov. The Supreme Soviet has created paramilitary groups headed by Colonel General Albert Makashov. Supreme Soviet has organized the armed seizure of the Moscow mayor's office and Supreme Soviet tried to occupy television station of Ostankino. Many people have died at storm of Ostankino, but this storm was unsuccessful for Supreme Soviet. Armed conflicts in Moscow threatened to develop into civil war in the whole country. President Boris Yeltsin has ordered to send troops in Moscow and President Boris Yeltsin has given the order to shoot the White House from tank guns where Supreme Soviet sat. Three shots were made to White House and members of Supreme Soviet surrendered to the mercy of the winner. After defeat of this putsch, the new Russian constitution were prepared and adopted on a referendum at the initiative of the President Boris Yeltsin in 1993, the principle of separation of powers was proclaimed in this russian constitution. It is possible to draw a conclusion that the President Boris Yeltsin has managed to extinguish the center of civil war in Moscow in time and President Boris Yeltsin has managed to achieve adoption of the new democratic constitution.
There is a conflict limited to articles of the constitution between three branches of the power, this conflict makes it possible, on the one hand, to protect society from the establishment of tyranny, and, on the other hand, to prevent the development of this constitutionally limited conflict into an armed struggle between the branches of power.