public power

Society

2022

We explain what public power is, what its branches are, its relationship with political power and other characteristics.

Public power is divided into three branches.

What is public power?

The public powers are the different powers of the Condition in a Republic, that is, when the State exercises the monopoly of the violence. Saying can born from the need of Humans to live among our peers, and to do so in relative peace and order. For this reason, the presence of a consensual authority is necessary, which supplants the law the strongest.

All public power emanates from the State, and in a more factual or material sense, from the organs and institutions that make it up. It is strictly governed by a legal system, that is, by a set of laws through which the society has agreed to abide by. In other words, 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 the citizens so that they follow the laws and take decisions for the collective welfare. In other words, it is the capacity of the State to defend and regulate itself.

Therefore, it is unevenly distributed among the public bodies of society, thus ranking some above others, depending on their level of collective importance.

Characteristics of public power

Societies are true "constellations" of powers, in the sense that the groups Humans acquire and exercise power over others as they gain resources or influence.

Factors such as religion, the press and economic groups exercise a quota of power in the real life of the population. In the midst of this concert of wills, the public power of the State is there to guarantee a minimum framework of order and operation.

The 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, responsible for 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 the decisions of the others, as well as legitimizing each other and creating a balanced State, free from authoritarianisms. These branches of public power are:

  • Executive power. Represents the political leadership of government, which falls into the hands of a president, prime minister or the like, elected by popular will (at least in democratic governments). The ministerial train, the governors, mayors and mayors and the presidents of the different public bodies designated by the president are also part of it. All these figures can be removed from office by the other powers, through procedures established in the Constitution.
  • Legislative power. It deals with drafting the laws that regulate the functioning of society and the State itself, which implies creating, repealing or correcting them.Said laws can be temporary or permanent, and on occasions they can be vetoed by the president, or declared unconstitutional by the judicial courts, when they contradict what is established in the Constitution. This power rests with the parliament, whose members are elected by popular vote among the different political forces in the country.
  • Power of attorney. He is in charge of the management of the Justice, that is, to interpret what is established in the Constitution and the laws, to enforce it. This implies evaluating cases, carrying out research, impose sanctions and grant compensation. This power is usually made up of a hierarchical tree of courts and judges, generally appointed by the legislative or executive power, and structured in different chambers or courts to deal with each specific matter that the law requires.

Public power and political power

Political power is that which is wielded by the different political actors of a nation, and that allows them to influence the way society conducts itself, always within the framework of what is established by law. In fact, if it is not adapted to what is established in the legal system, any political power is illegitimate, even when it comes to the institutions of the State.

For example, both the executive and the legislature depend on the legitimacy of the public vote, and can never be appointed in a manner contrary to what is contemplated in the law. Instead, the executive power is legitimized by its appointment by the other public powers.

However, you can have political power and not be part of the State, as is the case with unions 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.

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