SOME ISSUES OF THE EXERCISE OF THE STATE POWER IN THE UNITED STATES OF AMERICA

Authors

  • Aigul Muratbayevna Karatayeva
  • Dauren Bakhtybayuly Makhambetsaliyev КазНУ имени аль-Фараби

DOI:

https://doi.org/10.52026/2788-5291_2022_71_4_192

Keywords:

Administrative departments, the U.S. Supreme Court, the U.S. Congress, separation of powers, the president's constant influence on the activities of administrative departments, federal administrative departments, the principle of «checks» and «balances», the Lockner period

Abstract

The article discusses some issues regarding the implementation of state power in the United States.  The doctrine of constitutional law distinguishes executive, legislative, and judicial authorities. This study analyzes the principle of separation of powers and systems of checks and balances that characterize the system of state power. Thus, the separation of powers implies the division of one branch into separate branches to limit the performance of the primary function of the other.

Although the model of the American government is based on the distribution of powers between the judicial, executive and legislative branches of government, the boundaries between these branches are not always clear. The framers of the Constitution sought to protect personal freedom by dividing state power.

Exceptional merit of the developers of the Constitution is the world's first successful implementation of the ideas of D. Locke and S. Montesquieu on the need to prevent possible arbitrariness through the constitutional consolidation of the principle of separation of powers as the main constitutional principle. Both authors advocated decentralized forms of government; in particular, John Locke emphasized the need for an independent judiciary. Montesquieu defended what he understood to be the English system, albeit the French one, as a benchmark evaluated by modern governments. The simple adoption of the principle of separation of powers does not allow, in controversial situations, to determine the external boundaries of each branch of government's forces and sort all possible state functions by a particular sphere of power.

 

Published

29.12.2022

How to Cite

Karatayeva А. М., & Makhambetsaliyev Д. Б. (2022). SOME ISSUES OF THE EXERCISE OF THE STATE POWER IN THE UNITED STATES OF AMERICA . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(71). https://doi.org/10.52026/2788-5291_2022_71_4_192