The separation of powers principle functionally differentiates several types of state power (usually legislation, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the trias politica). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. When one branch holds unlimited state power and delegates its powers to other organs as it sees fit, as is the case in communist states, that is called unified power.
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👉 Branch of government in the context of Judiciary of Austria
The judiciary of Austria (German: österreischische Judikative) is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.
Structurally, the Austrian judiciary is divided into general courts (ordentliche Gerichte) and courts of public law (Gerichte öffentlichen Rechts).The general courts handle civil and criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters.The courts of public law supervise the other two branches of government: the administrative court system reviews the legality of administrative acts; the Constitutional Court adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinances, and the conduct of elected officials and political appointees in office.
Branch of government in the context of Executive (government)
The executive is the part of the government that executes or enforces the law. It can be organised as a branch of government, as in liberal democracies, or as an organ of the unified state apparatus, as is the case in communist states.
Branch of government in the context of Executive government
The executive is the part of the government that executes or enforces the law and policy of a government. It can be organised as a branch of government, as in liberal democracies, or as an organ of the unified state apparatus, as is the case in communist states.
Branch of government in the context of Supreme audit institution
A supreme audit institution is an independent national-level institution which conducts audits of government activities. Most supreme audit institutions are established in their country's constitution, and their mandate is further refined in national legislation. Supreme audit institutions play an important role in providing oversight and accountability in a country by monitoring the use of public funds and reviewing the quality and accuracy of government financial reporting. They also contribute to anti-corruption efforts. Depending on the country, a supreme audit institution may be called a court of audit (common in Europe and its former colonies), auditor-general (common in the Anglosphere) or the board of audit (in some Asian countries). Nearly every supreme audit institution in the world is a member of the International Organization of Supreme Audit Institutions, which works to establish and disseminate international standards and good practices.
In some countries, such as with Taiwan's Control Yuan, the audit institution may constitute a separate, independent branch of government in addition to the more typical executive, legislative and judicial branches.