The highest organ of state power is the representative organ in socialist states, commonly referred to as communist states by observers, that are popularly elected and that are bestowed with unified power, in which the highest organ of state power functions as the only branch of government.[1] To take an example, the government of the Soviet Union was designated as the highest executive and administrative body of state authority of the All-Union Supreme Soviet.[2]

The powers of the highest organ of state power are constrained only by the limits it has itself set by adopting constitutional and legal documents. To take China as an example, according to Chinese legal scholar Zhou Fang, "The powers of the National People's Congress as the highest organ of state power are boundless, its authority extends to the entire territory of the country, and, if necessary, it can intervene in any matter which it finds it requisite to do so."[3] More specifically, according to Chinese legal scholars Xu Chongde and Niu Wenzhan, "The other central State organs are created by the NPC and execute the laws and resolutions made by the NPC."[4] These bodies are not permanent and generally convene at least once a year. In between convocations of the highest organ of state power, most of its duties and responsibilities are transferred to its working body, usually named either presidium, state council or standing committee. For instance, Article 19 of the 1977 Soviet Constitution states that the Presidium of the All-Union Supreme Soviet exercised "the functions of the highest body of state authority of the USSR between sessions of the Supreme Soviet".[5]

These highest organs of state power have commonly been called legislatures by foreign observers, but the constitutional documents and laws of these states rarely do.

Examples

There has existed, and still exists, these organs in several countries:

Other usage

This term "highest organ of state power" also exists in certain non-communist states, but has a different meaning. For example, Japan's National Diet is constitutionally referred to as "the highest organ of state power, and shall be the sole law-making organ of the State."

See also

References

  1. ↑ Vanneman 1977, p. 111; Jiang 2003, pp. 34–35.
  2. ↑ Vanneman 1977, p. 1977.
  3. ↑ Gasper 1982, p. 171.
  4. ↑ Xu & Niu 2019, p. 60.
  5. ↑ White 1982, p. 146.

Bibliography

  • Gasper, Donald (1982). "Chapter 7: The Chinese National People's Congress". In Nelson, Daniel; White, Stephen (eds.). Communist Legislatures in Comparative Perspective. State University of New York Press. pp. 160–190. ISBN 0-87395-566-8.
  • Jiang, Jinsong (2003). The National People's Congress of China. Foreign Languages Press. ISBN 7-119-03133-3.
  • Vanneman, Peter (1977). The Supreme Soviet: Politics and Legislative Process in the Soviet Political System. State University of New York Press. pp. 125–159. ISBN 0-8223-0357-4.
  • White, Stephen (1982). "Chapter 6: The USSR Supreme Soviet: a Developmental Perspective". In Nelson, Daniel; White, Stephen (eds.). Communist Legislatures in Comparative Perspective. State University of New York Press. pp. 125–159. ISBN 0-87395-566-8.
  • Xu, Chongde; Niu, Wenzhan (2019). Constitutional Law in China. Wolters Kluwer. ISBN 978-94-035-0732-3.
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