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The first group of European

This is characteristic mostly of new constitutions that deliberately try to adopt the generally accepted standards of the Rule of Law and constitutionalism.

The German Basic Law can be considered an example of this effort and philosophy, and for the moment is the only Western constitution examined here that explicitly states the principle of separation of powers. Article 20, section 2 of the Basic Law says:

"All State power emanates from the people. It shall be exercised by the people by means of elections and voting and by specific legislative, executive and judicial organs."

The philosophy of the German Basic Law - and this is common with other European constitutions is built upon the following postulates:

1. The people is the holder of the whole State power.

2. The State power forms a unity4, and is indivisible.

3. The principle of separation of powers outlines and determines the orga


The Constitution of the Czech Republic in Article 1 states that the Czech Republic is a unified state. Article 2 resembles not only the philosophy but also the wording of the German Basic Law stating that "All state power derives from the people; they exercise this power by means of their legislative, executive, and judicial bodies".

Russia is a good example of this argument. According to Marxist-Leninist doctrine all powers were concentrated in the hands of the soviets. In 1992, after the Soviet Union fell apart, the principle of separation of powers was added to the text of the old Constitution as a foundation of the new constitutional regime. This led to a discrepancy between the new foundation and the old text. In 1993 the new Constitution of the Russian Federation was proclaimed. Article 10 declares that - "State power in the Russian Federation shall be exercised on the basis of its division

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Approximate Word count = 608
Approximate Pages = 2 (250 words per page double spaced)


  

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