We explain what public power is, what its branches are, its relationship with political power and other characteristics.
What is public power?
The public powers are the different powers of the State in a Republic, that is, when the State exercises the monopoly of violence. This power is born from the need for human beings to live among our peers, and to do so in relative peace and order. Therefore, the presence of a consensual authority is necessary, which supersedes the law of the strongest.
All public power emanates from the State, and in a more factual or material sense, from the bodies and institutions that comprise it. It is strictly governed by a legal system that is, by a set of laws by which society has agreed to be governed. That is to say, public power is legitimate only if it comes from a State entity and acts in accordance with the law.
On the other hand, public power is also called the power of the State to coerce citizens to follow the laws and to make decisions for the collective well-being. I mean, It is the capacity of the State to defend and regulate itself.
Therefore, it is distributed unequally among the public bodies of society, thus ranking some above others, depending on their level of collective importance.
See also: Powers of the State
Characteristics of public power
Societies are true “constellations” of power, in the sense that human groups acquire and exercise power over others as they gain resources or influence.
Factors such as religion, the press and economic groups exercise a share of power in the real life of the population. In the midst of said concert of wills, the public power of the State It is there to guarantee a minimum framework of order and operation.
Public power is:
- Coercive. Since it can be imposed on an individual without their consent.
- External. Because it comes from instances other than itself, which are the institutions.
- Autonomous. Since the institutions enjoy autonomy within a hierarchy of powers, and are generally organized into three different branches, in charge of monitoring the others and maintaining a balance or counterweight.
Thanks to the autonomy of the branches of the State, no public power can govern the entire State. These branches are: executive, legislative and judicial.
Branches of public power
According to the theory of the separation of public powers, the three branches of public power have the mission of monitoring each other and serving as a counterweight to each other's decisions, as well as legitimizing each other and creating a balanced State, free of authoritarianisms. These branches of public power are:
- Executive power. It represents the political leadership of the government, which falls into the hands of a president, prime minister or similar, elected by popular will (at least in democratic governments). The ministerial train, the governors, mayors and mayors and the presidents of the different public organizations appointed by the president are also part of it. All these figures can be removed from their position by the other powers, through procedures established in the Constitution.
- Legislative power. It is responsible for drafting the laws that regulate the functioning of society and the State itself, which implies creating, repealing or correcting them. These laws can be temporary or permanent, and can sometimes be vetoed by the president, or declared unconstitutional by judicial courts, when they contradict what is established in the Constitution. This power falls to the parliament, whose members are elected by popular vote among the different political forces in the country.
- Judicial power. He is in charge of the administration of justice, that is, of interpreting what is established in the Constitution and the laws, to enforce them. This involves evaluating cases, carrying out investigations, imposing sanctions and granting compensation. This power is usually constituted by a hierarchical tree of courts and judges, generally designated by the legislative or executive branch, and structured into different chambers or courts to address each specific matter that requires the law.
Public power and political power
political power It is the one managed by the different political actors of a nation, and that allows them to influence the way society is conducted, always within the framework of what is established by law. In fact, if it does not adapt to what is established in the legal system, any political power is illegitimate, even when it comes to State institutions.
For example, both the executive and the legislative depend on the legitimation of the public vote, and can never be appointed in a manner contrary to what is contemplated in the law. On the other hand, the executive branch is legitimized through its designation by the other public powers.
However, You can have political power and not be part of the State as occurs with guilds or unions, with economic groups or organized civil society. This turns society into a constellation of political powers, which the State has the difficult mission of orchestrating.
Continue with: Public law
References
- “Public powers” in Wikipedia.
- “Public power” in Filosofía.net.
- “Public power” in Legal Dictionary.
- “Public power” in Legal Encyclopedia.
- “Functions of the branches of public power” in eduteka.
