are three main powers and functions of government: the executive (the government), legislative (Parliament) and judiciary. Under the doctrine of separation of powers, drafting laws is the duty of the legislature (Congress, Parliament or Assembly of Representatives) to interpret and normalize is the job of executive power, and enforce them is the task of the judiciary. In a democracy, the legislature makes and amending existing laws in accordance with the views of citizens. Its specific function is the approval of laws. The judiciary is one branch of government, under the law, is responsible for administering justice in society through the application of legal rules in resolving conflicts. Under the separation of powers, is born the so-called rule of law, in which public authorities are equally under the rule of law. The judiciary must be independent in order to subdue the other powers, especially the executive, when they violate the law.
According to the theory of Charles de Secondat, Baron de Monstesquieu, the separation of powers guarantees freedom of the citizen, Montesquieu wrote his theory after a trip to England where he played an independent judiciary can be an effective check of the executive. Montesquieu, proposed in his famous book "The Spirit of Laws", which was necessary for state functions be divided between different powers (legislative, executive and judicial) that through some arrangements of the features self-control power, to prevent tyranny. Before this I ask myself: What can happen when these three powers are concentrated in the executive branch in the government of any country? The answer is simple: This would be the advent of tyranny, dictatorship and totalitarianism.
All the above is a collation by the fact that criticism from the Popular Party are throwing the government of Zapatero, on the issue of legalization of political parties and Bildu Sortu Basques and the release of ETA Troitiño. In the first case is requested by the PP that the Government does not legalize these two parties when all you can do is direct the Executive Office of the State challenging, which has already, in court the filing of that application for legalization by the two parties mentioned above, and is the judiciary who interpret laws to decide whether or not to legalize them. The Government can not do more. Regarding the case of ETA Troitiño has been the judiciary and not the executive branch, the Government has no authority to do so, who interprets the law has decided that this guy gets out of jail before their total years which he was convicted. It is clear that in both cases the government has done all he could and can do, and the Popular Party I know very well because if Troitiño is exactly the same as "Josu Ternera" in search and seizure since 2002, Rajoy was interior minister, and which was never seen again. I share the criticism of the minister Rubalcaba, when he says the "pure nonsense" and "very unfortunate incursions on the rule of law" in charge of law graduates PP. I'm not going to give my opinion or give my opinion on the right charges that the Government has agreed with ETA, just remember that from earlier this year to this day have been 40 members of ETA arrested between Spain and France. If this is in the "compact", frankly I have to say no I look bad results.
If the decision to legalize political parties or decide who enters or leaves the jail outside of a government authority, which is apparently intended by the PP, could be given to finalize the rule of law, democracy and both freedoms As seen in the PP are circular, "politically" in this way.
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