Local Governments in the System of Separation of Powers. The Executive Function in the Field of Local Public Affairs
|Position:||PhD, senior lecturer, University of Szeged, Faculty of Law and Political Sciences, Public Administrative Law Department, Hungary|
The paper is focused on the principle of separation of powers, especially examined the role of local self-governments in the system of division of powers. It gives a brief description on the dogmatic approach of the principle of powers based on the concept of Montesquieu, and Benjamin Constant who emphasised the significance of local power. The study demonstrates the effectiveness of principle of separation of powers and the constitutional status of local self-governments in the Hungarian Fundamental Law. According to the Fundamental Law, the essence of local governments is to manage public affairs and to exercise public authority this is the reason why local governments exist. The leading conception has changed, rejected the collective fundamental rights approach. A separate section aims to describe the executive power of local self-governments, in particular the functionality of local self-governments. A comparative part illustrates changes of local task-system after the adoption of New Local-Government Act in 2011, including both municipal and county level responsibilities, the strong centralization process in the field of local governance. In conclusion, local self-governments’ role significantly decreased in the field of providing public services and in exercising of local public powers, functionality of local self-governments was substantially narrowed.