Načelo diobe ili ograničenja vlasti
The Principle of Separation or Limitation of Power

Summary/Abstract: The author’s starting assumption is that the principle of the separation of power, originally and during the two centuries that it has been applied, has always been only a synonym for the request that state power should be institutionally limited in an effective manner through the structure of its own organs. In that sense it has always been interpreted within the political doctrine of constitutional law, and in particular with regard to constitutional acceptance and elaboration as well as to the practice of constitutional policy. The author tries to explain and to prove his thesis by considering Montesquieu’s understanding of the separation of power, as well as of various interpretations of that principle in constitutional law scholarship (de Malberg, Jellinek, Kelsen). He also offers an estimation of elements comprised by the organizational and functional separation of power in French, British, and American constitutional models and the practice of their constitutional policies.

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