Jiří Baroš

Separation of Powers as an Instrument of Constitutionalism

Jurisprudence 7/2013 Section: Articles Page: 11-17

Keywords: separation of powers, constitutionalism, Carl Schmitt, sociologie, terminology

Abstract: The article presents the first part of a wider project focused on the architecture and genealogy of the concept of separation of powers. As for the methodology, it is inspired by Schmitt‘s sociological (legal) terminology, which is not directly oriented to the practical interests of legal life, but it aims at defining the last radical systematic structure of legal terms. Unlike Schmitt, the author of this article bases simply on the assumption that modernity occurred in the transition from monarchic ideas of legitimacy to the idea of democracy, according to which all power is in the constitutive power of the people.