The aging of the theory of separation of powers is explained by the fact that it was developed during a period when there was still no political parties and when the main power problems were the institutional ones. The appearance of political parties and their particular role in setting the legal and political institutions have led to today’s issue of separation or balance of powers should not be realized between parliament and government, but between a majority consisting of a party or a coalition of parties winning the elections, that have at the same time the parliament and the government, and a strong opposition, waiting for the next election in order „to take back”.