The President of the Republic of Lithuania and the Constitutional Principle of the Separation of Powers

Abstract

The separation of powers represents a particular concept, the core idea being that of balancing the power between different bodies so that no power can act without co-operation of the others, and each checks the others. The doctrine of the system of checks and balances has been developed on the basis of this particular conception. The most influential version of the separation of powers is that proposed by C. L. Montesquieu (“De L’Esprit de lois”, 1748). Regardless of the doctrine we subscribe to (be it that of J. Locke or that of C. L. Montesquieu) there are no ways of implementation which have been recognized and agreed upon universally. Thus, it is the government which creates a legal reality of implementation of the principle of separation of powers. The principle of separation of powers envisages the development of a system whereby human rights and freedoms were guaranteed alongside with the effective functioning of the government. The work of models of the separation of powers is only possible in a democratic political regime.