권력분립과 인민권력 사이의 관계에 대한 연구: 몽테스키외, 맑스주의, 아렌트를 중심으로

Abstract

The purpose of this study is to explain the principle of separation of powers that stands on Montesquieu's shoulder, and then to examine various critical interpretations of this principle. Although most modern constitutional states that claim to stand for liberalism adopt generally the separation of powers to common public principle, this principle historically takes criticisms from many philosophers and thinkers. I especially focus on criticisms that maintain the separation of powers interrupts to exercise the power of people. It is obvious that most Marxists criticize it, and then attempt to destroy it with liberalism state itself that advocates not only the ruling class's interests but also the suppression of the proletariat by the bourgeoisie. They present entirely new form of government that realize the Commune democracy and the One-party dictatorship of the proletariat, to the exclusion of the separation of powers. But Arendt who wants to discover hope of politics in the Commune democracy, embraces the principle of separation of powers, unlike Marxists. The principle of separation of powers Arendt embraces, of course, differs from the constitutional principle of liberalism states, because radical realization of the power of people is most important in her interpretation of this principle. In this process of examination, I want to find possibility of new principle of separation of powers that distinguishes generally well-known form of the separation of powers of liberalism states, in today.