The legal basis for ensuring interdependence and independence between authorities is determined by constitutional texts, specific laws and the operation of the legal system in each country.
These provisions are usually found in a country’s constitution and may include articles or specifications that define the separation and balance of powers.
In Brazil, the 1988 Constitution devoted an entire chapter to dealing with the legislative, executive, and judicial powers, and achieving independence and harmony among them.
Moreover, specific laws can also be enacted to ensure interconnection of powers.
The country’s legal system also plays an essential role through independent courts and the possibility of judicial review of actions by other restrictive authorities in maintaining a balance between them.
In a presidential system, as in the United States, for example, the legal basis for the interdependence and independence of powers is found in the Federal Constitution. The Constitution defines the tasks and limits of each of the three powers: executive, legislative, and judicial. Furthermore, there are specific provisions that guarantee the independence and separation of powers, such as the principle of checks and balances, which allows one power to limit the actions of the other.
In a parliamentary system, as in the United Kingdom, for example, the constitution also guarantees interdependence and autonomy between powers, as well as laws and political agreements. In this system, Parliament plays a central role and executive power is exercised by the Prime Minister and the Council of Ministers, who are accountable to Parliament. The Constitution defines the responsibilities and limits of each authority.
The synergy between autonomy and interdependence is essential for progress, balancing the ability of forces to act with the need for cooperation for the well-being of society.
Civil society and the Brazilian state have evolved, moving from autonomy to interdependence in political relations, representing modern differences in economics and power structures.
Interdependence and independence between forces play a decisive role in development. This dynamic relationship is evident in several contexts:
The executive, legislative and judicial powers must be independent, ensuring the individual and collective rights of the population. Independence between these authorities ensures harmony between the various functions of the state, prevents abuse of power and promotes stability and governance.
However, it is important to emphasize that independence does not mean the absence of interdependence. The authorities must work in a cooperative and coordinated manner, in pursuit of the public good and the development of the country.
For example, the legislative branch is responsible for making laws, while the executive branch is responsible for implementing those laws. In this sense, it is important that these forces work together, respect their competencies and seek dialogue, in order to promote effective public policies that meet the demands of the population.
The judiciary is responsible for interpreting and applying laws, and ensuring compliance with the rights and duties established by the legal system. Their independence is essential to ensure impartiality and fairness in judicial decisions.
The political and legal stability provided by independence of authorities is essential to attract national and foreign investment, generate employment opportunities, and promote sustainable growth.
Working among them, respecting their competencies, and seeking dialogue is essential for the nation’s political, social, and economic progress. The interdependence and independence between the executive, legislative and judicial authorities ensures the balance of power. The country’s healthy development depends on this balance.
When authorities are independent and have the autonomy to act, they can exercise mutual oversight and prevent abuse of power, ensuring that institutions operate in a fair and transparent manner, and strengthening democracy and the rule of law.
Interdependence between powers can enhance constructive and cooperative dialogue among them, leading to more effective and well-founded decisions, which may lead to more efficient governance. If the forces do not communicate and cooperate properly, there may be a political deadlock that makes it difficult to make important decisions for the country’s development. Lack of interdependence can lead to confrontations and disagreements, compromising the ability to implement public policies.
Power interdependence can be influenced by economic power and commercial interests. If the private sector exercises disproportionate influence over one branch, this could jeopardize the independence and impartiality of the government, negatively affecting the country’s development.
He concluded that the interdependence and independence of powers can greatly affect the development of any country. Constructive dialogue and mutual respect between authorities is essential to ensure an effective, just and stable government that promotes social and economic progress and protects the rights of citizens.
However, it is important to emphasize that interdependence and independence between authorities must be within appropriate limits, with mechanisms of checks and balances, to avoid abuses and ensure a healthy balance between authorities. The country’s development depends on good governance and constructive cooperation between powers.
*This content is the responsibility of the author and does not necessarily represent the opinion of Diário de Uberlândia.
