Becoming and Development of Ideas about the Functioning of the Checks and Balances System

: 25-30
Received: September 26, 2017
Accepted: October 25, 2017
Lviv Polytechnic National University

The article deals with the main historical stages of the formation of views on the checks and balances system. Taking into account the main historical stages of the development of ideas concerning the functioning of the checks and balances system, on the basis of the historical and comparative methods, the main features of understanding the separation of powers and functioning of the checks and balances system under the specific conditions of political and legal thought development are emphasized.

The periodization of the relevant ideas and views development in world history, including the pre-classical stage, the classical stage, the stage of legal enforcement and implementation, the stage of changing political doctrines and the modern stage is proposed. It was emphasized that the era of Antiquity laid down the basic principles of justifying the idea of forming the government and dividing the powers between the branches of government. Special attention was paid to the development of the views of the Enlightenment Age thinkers in relation to this issue and their impact on the modern interpretation of the system of checks and balances. With the help of document analysis method, the beginning of the legislative consolidation of the system of checks and balances in the first constitutions and other normative legal acts of the end of the eighteenth century is shown.

Based on the system method, the system of checks and balances is proved to be a basic guarantee of democratic functioning of branches of power and is capable of realizing itself in the conditions of a republican form of government. The special features of the checks and balances system in the practice of modern democracies are described.

Adams, J. (1990). Defence of the constitutions of the United States. Boston: Little, Brown and Co.

Aristotle (2003). Politics. [In Ukrainian]. Kyiv: Osnovy.

Chukhlib, T.(2011). Pacts and Constitutions of the Laws and Liberties of the Zaporozhian Army 1710. [In Ukrainian]. Kyiv: Naukova dumka.

Cicero, M. (1998) About the State. [In Ukrainian]. Kyiv: Osnovy.

Haidanenko, N. (2010). System of checks and balances in modern democracies. Odessa: South Ukrainian National Pedagogical University named after K. D. Ushynsky Press.

Hegel, G. V. (2000). The Foundations of Philosophy of Law. [In Ukrainian]. Kyiv: Universe.


Kant, I. (1965). Metaphysics of morals. (P. 1).Moscow: Mysl, 1965.

Kormych, A. (2009). History of the doctrines of the state and law. [In Ukrainian]. Kyiv: Pravova yednist.

Levy, L. (2000). Encyclopedia of the American Constitution. New York: Macmillan.

Locke, J. Two treatises on the Government (T. 1). In A. Makarovsky (Ed.), Collected Works (pp. 60–85). Moscow: Gospolitizdad.

Machiavelli, N. (2014). The History of Florence. [In Russian]. Moscow: “ESCMO” Publishing House.

Marshal, J. (1968). Intention-In Law and Society. New York: Funk & Wagnalls.

Montesquieu, C. (1955). On the Spirit of Laws. [In Russian]. In A. Baskina (Ed.), Selected Works (pp. 200–295) Moscow: Gospolitizdad.

Padua, M. (2014). Defender of the World. [In Russian]. Moscow: Dashkov and K.

Plato (2000). State. Kyiv: Osnovy.

Polybius (1992). Universal History (T. 1). [In Russian]. Moscow: Mysl.

Rabkalo, V. (2008). The system of checks and balances in the field of state-management relations. [In Ukrainian]. Kyiv: NADU.

Russo, J. (2001). About a Public Contract. [In Ukrainian]. In O. Khoma (Ed.), Treatises (pp. 102–125). Kyiv: Port-Royal.

Sheehan, C. (2013). James Madison: Father of the Constitution. New York: The Heritage Foundation.

Sylenko, L. (2000). Constitutional Foundations of the System of Checks and Balances as a Means of Organization and Functioning of State Power in Ukraine. [In Ukrainian]. Kyiv: Kyiv National University named after Taras Shevchenko.

Zhuk, N. (2006). Checks and Balances in the System of Separation of Powers in Ukraine (General Theoretical Problems). [In Ukrainian]. Kharkiv: National Law Academy of Ukraine named after Yaroslav Mudryi Press.