LA INTERACCIÓN DE LOS PODERES EJECUTIVO, LEGISLATIVO Y JUDICIAL EN EL MARCO DE LA CONSTITUCIÓN DE 1999

SEPARACIÓN DE PODERES O CONFUSIÓN DE PODERES.

Resumen

In the present paiper by analyzing the dogmatic principie of separation powers, which involves disaggregating operationally in their structural elements, namely: independence and parity of powers, harmonized with the system of checks and balances, organic collaboration powers embodied in figures of the constitutional interference, which allowed us to construct a normative model derived from the provisions of the Constitution of 1999, to compare with the analytical model originated in the observation of relational situations in reality are set up between the various branches National in arder to determine whether Venezuela has application in the principie of separation of powers, ar else that there is a confusion of powers. However, comparison of the regulatory model with the analytical model by resorting to a series of landmark cases, both far its relevance, far its public and well known, originated in relations between the executive, ar more precisely between President of the Republic, with the other National Authorities, reveals that the principie enunciated by Montesquieu, despite being designed in exemplary fashion in the Constitution, it is substantially non-existent in the country, imposing in terms of constitutional law a "confusion of powers," which actually corresponds to a subordination of ali other national powers, the President of the Republic (Executive), under that despite the formal existence of the first with ali its attributes, depend of that power.