Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.
Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.
The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.
AUC Iuridica accepts contributions from any contributor on any current legal topic.
The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).
The journal is archived in Portico.
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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
AUC IURIDICA, Vol 56 No 2 (2010), 109–118
Dělba, moci, funkcí nebo rolí. Několik úvah nad odkazem Ch. Montesquieua
[Separation of Powers, Functions or Roles (or, How Do We Read Montesquieu, Today)]
Jana Reschová
published online: 04. 02. 2015
abstract
Separation of Powers, Functions or Roles (or, How Do We Read Montesquieu, Today) Today, no one doubts about one of the fundamental principle of modern constitutions, to which the Czech constitution of 1992 (as well as many akin constitutions) have adhered. Despite of the general acceptance of the principle, it became harder to put it into practice. It is worth then to trace back legitimate expectations derived from the separation of powers principle, and to find out whether rigidity (as sometimes forwarded in practice) does not expose the ultimate functionality of the institutions to a risky blockage. Blockage constructed upon a rigid understanding of the usage of “checks” that ultimately brakes the “balances”. The integrity of the system is to be interpreted rather than from a static power description (that was useful and needed during the institution-building period), from the functional prospect, as today. If powers are to be legitimately and than rightly executed, if they are to be efficient in the dynamic of the working constitution, they should be closely linked to separate functions and roles as assumed and played by political actors. Since vague and unclear division of functions and roles of office-holders after 1989 was in place, the constitutional principle itself could not have been fully introduced into political practice, that has been for many years lacking efficient legal means of protecting “common sense”.
keywords: Ch. Montesquieu; separation of powers; separation of functions; separations of roles
Dělba, moci, funkcí nebo rolí. Několik úvah nad odkazem Ch. Montesquieua is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
