Power without borders: when politics becomes a principle unto itself

To rule over oneself is the greatest power. (Seneca)

The principle of separation of powers is one of the elements, if not the most important element of the rule of law, because it prevents the concentration of authority and political power. He is said to be "the generator of political freedom". However, the question arises whether it has been overcome in Montenegro, that is, whether the provision of Article 11 of the Constitution is just a mere declaration.

It seems that the principle of separation of powers seems clear to many, but only a few understand its deeper implications and essential importance. Namely, there is a deep misunderstanding between its form or external manifestation - that power is divided into legislative power exercised by the Assembly, executive power exercised by the Government, and judicial power exercised by the court, and its essence - that power is limited by the Constitution and the law, and that the power relationship rests on balance and mutual control. Hoc loco, Hans Kelsen, a famous Austrian jurist, pointed out that the essence of the principle of separation of powers "lies precisely in the fact that it acts more against concentration than in favor of the separation of powers", and Jeremy Bentham, a famous English theorist, rightly wonders "what kind of guarantee for freedom they provide three separate powers if all three are controlled by the same group of people”.

If we leave aside the judiciary, which has never been truly independent thanks, in large part, to the relics of communism, the legislative and executive powers have been replaced by the relationship of the opposition minority and the positional majority, which directly opens a wide field for imbalance and mutual lack of control, as well as for the dominance of authority. people (primarily leaders of political parties) to the detriment of the authority of law (authority of law). If we add to that the biggest Montenegrin paradox - that constitutionality and legality are protected by the Constitutional Court, we understand that there is no supervision over the holders of power. Montesquieu, in his work "On the spirit of the law", pointed out that the historical (eternal) experience "is that every man who has power tends to misuse it and abuse it until he encounters the limits". However, those borders in Montenegro are becoming more and more distant, thanks to political combinatorics and bargains.

The key problem, it seems to me, is our tendency towards political charisma and the primacy of politics over other aspects, that is, we are talking about the rule of political parties and the professionalization of politicians. The professionalization of politics may seem like a good and serious idea to some (and it is the majority), but it seems to me that politics is becoming the longest-running soap opera and politicians are permanently employed actors (soon with their employed advisors) - everyone has taken their roles and will not leave the screen. regardless of rating. Someone, humorously or not, said that people in power (read on the public scene), as well as laundry, should be changed often so that they don't smell unpleasant. A fortiori, the question is whether it is possible to reconcile the party machine, its needs and appetites with the principle of separation of powers without some major change in consciousness and practice. Seneca, the Roman Stoic, claimed that "ruling over oneself is the greatest power", but it seems that Montenegrin politicians still have that kind of government as the biggest challenge - it is much easier for them to rule for themselves and for their own. That's why it's maintenance status quo through tensions over flags, language, national or other identity, superficial patriotism, etc., the best shown modus operandi Montenegrin political scene.

In the end, political parties should not identify themselves with the State, nor sell their goals as state interests, because, as decades of experience show us, they are only groups for the concentration and exploitation of power. Although dominantly responsible for today's (un)situation, political parties still operate as limited liability companies - companies with limited liability for everything, except for the government. Well, the essence of the principle of separation of powers is exactly on the opposite side of the coast.

The author is a doctoral candidate in legal sciences