AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) 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). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI 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.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

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

Creative Commons License
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

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