Balance of power
Author: Mohamed Abdul-Jabbar carp
01/17/2013 12:00 am
The democratic political system rests on two pillars: the separation of powers, and the balance of powers. The authorities in question is: the legislature, the executive, and the judiciary.
has proven permanent Iraqi constitution the principle of "separation of powers" while the text in Article 47 that the legislative, executive and judicial practice their competencies and tasks the basis of the principle of separation of
powers. comes the idea of the separation of powers in response to the idea of integration between the authorities, and concentrated power center, however, and one as the king or president or sultan or even one-party ruling leader. An idea that always lead to the emergence of a tyrannical dictatorship regimes pose a major obstacle either the country's progress and development of society and the evolution of man.
either the principle of "balance of powers" aims to prevent the predominance of one of the authorities and its hegemony over the other, and this constitutions provide for the terms of reference of the authorities. This identification draws all authority boundaries so as not to exceed. Under this principle, in its context, it is not valid to say, for example, that the parliament is the highest authority in the country. There is no higher authority and the authority of the lowest in the description of the hierarchy between the three authorities. This is taking the Iraqi constitution in its articles relevant terms of reference of the three authorities. For example, Article 61 of the Constitution, the terms of reference and powers of the House of Representatives by two main things, namely: Enacting federal laws, and control over the performance of the executive authority. And it is not right for the House of Representatives to exceed these powers and exercise other authorities outside. Media, of course, is not within the executive branch. It is not difficult for us to monitor cases of bypass here and there, most part caused by a lack of clarity mechanisms functioning of the democratic system of checks on his hands overtaking.
Governing the relationship between the three authorities in democratic regimes on the basis of checks and balances base a relationship that promotes a balance between authorities on the one hand, and on the reduction of bypass some on others, on the other. And this is what we find in the United States, for example, through the relationship between the executive branch represented by the President, the congressional legislative authority represented.
ancient democratic regimes and established there a fourth power, is the power of the media. An informal authority, but they represent the first line of defense for democracy. It is a condition of democracy, as not imagine the possibility of a democratic system without a media authority.
and Media Authority, in these systems, are independent of the legislative branch and the executive branch and the judiciary, as well as military power. Do not have any of these authorities the power to intervene in the affairs of the media and limit his mobility and freedom, including the affairs programming, publishing and broadcasting. You can not state power in the United States to impose broadcast something, or prevent the broadcast, but the decision of the court, only in two areas, namely privacy and national security.
this is still far from the minds of some people we have also, and why modern democratic experiment. And imagine that being in a chair within the structure of the state gives him the ability to enforcement and prevention. Hence the problem of trying to exercise this kind of power, and the media. The problem can not be solved, but the availability of a real deep understanding of the nature of the democratic system, and the nature of the separation of powers, independence of the media for these authorities.
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