Independence and limits between the organs of the State in Salvadoran constitutionalism

Abstract

The Constitution of the Republic of El Salvador establishes its three branches of government: the Executive, Legislative, and Judicial. Each of them is assigned specific powers, such as the forms of control between these branches. This topic is the foundational idea behind the creation of this article, as it reflects the independence in the roles of each branch and the limits exercised from within the same power. In the analysis, it is emphasized that each of the mentioned branches is not superior to the others, but, as the phrase itself determines (branches), they constitute specific parts with determined functions, ultimately forming a unified whole. In the political reality of El Salvador, this situation often fails to materialize, as it reflects a culture of the predominance of the Executive Branch over the others. The article provides a doctrinal framework of checks and balances through the state's branches, the main functions of each when it comes to control, and a practical relationship of their implementation in the political reality of El Salvador. The aim is to provoke reflection on the necessity and importance of such controls and their effectiveness.