A state of law (estado de derecho) is a modern state that ensures balance and limitation of public functions through the three branches of government, preventing any single branch from dominating. This model, seen in constitutional monarchies, upholds the principle of a state based on the rule of law.
State of law (estado de derecho) is a modern state based on the balance and limitation of public function through the independence and mutual oversight of the three branches of government: the legislature, executive, and judiciary. This system ensures that no single branch holds unchecked power and that each branch serves as a check on the others, preventing any one branch from dominating the government.
For example, in a constitutional monarchy, the monarch has a ceremonial role while actual governing authority is distributed among other branches based on a constitution or established tradition. This model exemplifies the principle of a state based on the rule of law.
In the concept of state formation as described by scholars like Montesquieu, the tripartite division of powers is crucial for maintaining a functional and accountable government structure that upholds the rights and responsibilities of its citizens.
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