Publication details

Čtvrtá moc: konec Montesquieuovské triády?

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Title in English Fourth Branch: The End of Montesquieu's Triad?


Year of publication 2022
Type Article in Proceedings
Conference Dělba moci
MU Faculty or unit

Faculty of Law

Web Web nakladatele
Keywords separation of powers; judicial council; fourth branch
Description The paper conceptualises fourth branch institutions, a term often used when referring to those governmental institutions which cannot be easily classified under any of the three classical branches. The contribution defines the concept, reflects on its theoretical properties, and analyses its relationship to the principle of separation of powers. Its main argument is that although the idea of the fourth branch represents a novelty from the point of view of the classical tripartite model, it is a novelty built on the same principles and techniques as the classical model. After these theoretical observations, the chapter illustrates, on the example of judicial councils, the pros and cons of thinking about the governmental structure in four instead of three categories.
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