The principle of separation of powers and the theories contained in it

Document Type : Original Article

Authors

1 Assistant Professor of Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran

2 PhD student in Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran

3 Assistant Professor, Department of Political Science, Semnan Branch, Islamic Azad University, Semnan, Iran

10.30510/psi.2022.346589.3566

Abstract

Separation of powers is: the distribution of government duties among the three powers (legislature, executive and judiciary).
In fact, the separation and balance between forces guarantees the protection of individual and social rights and freedoms because it will prevent the concentration of power in the hands of a limited minority and the division of responsibilities between different forces.
The importance of discussing the separation of powers, in terms of studies of constitutional law and political institutions, is that:
First, the separation of powers has been accepted as an indisputable principle in the legal practice of different countries
Second: Due to the principle of separation of powers, each of the existing forces can be considered as a manifestation of sovereignty.
Evaluated and identified and categorized political regimes.
Third: Considering the various theories related to the separation of powers, the evolution of thoughts and ideas in the evolution of human societies shows well.
Fourth: The connection of this principle with the nature of the political regime has become so strong that mere dependence or non-dependence on the principle of separation of powers shows the degree of individual and social rights in societies.

Keywords