The Principles of Separation of Powers.

Name
Faisal Ali Hamad Khalfan Al Mahrouqi

ID: S1720054
 Contents

Introduction...........................................................................................................3

Chapter I: The emergence of the principle of separation of powers.....................3

Part One: The Principle of Separation of Powers in Plato:...................................4

Part Two: The Principle of Separation of Powers at Aristotle:.............................4

Part Three: The Principle of Separation of Powers at Jean-Luc:..........................4

Chapter Two: The Basis and the Importance of Separation of Powers.................5

Part I: The foundations of the principle of separation of powers in the

democratic system.................................................................................................6

Part Two: The importance and forms of separation between authorities..............7

Part III: Cons of the principle of separation of powers.........................................7

Conclusion:............................................................................................................9

references:.............................................................................................................9
Introduction

The principle of separation of powers is one of the fundamental principles on which Western

democratic systems are based, a fundamental principle of democracy in essence, just as

important as the principle of the sovereignty of the nation and the people.

He refers to the famous French thinker Montesquieu, where Hassan preferred to formulate the

principle of separation of the three powers: legislative, executive and judicial, in his book

"The Spirit of Laws," which he wrote in 1748, Also by the writer "John Jacques Rousseau" in

his book Social Contract.

In order to understand the importance of the principle of separation of powers, we say that the

royal systems that prevailed in Europe until the 18th century, in which Montesquieu lived,

these royal systems were founded on the idea of absolute monarchy by concentrating the

powers of the states of the state, One was the king, sovereignty was the sole domain of the

king. If there were councils and officials who would help the king in running the affairs of

state and power, their role was marginal because major decisions were made solely by the will

of the king. Injustice and aggression against the rights and freedoms of individuals, and the

absence of the state of law And legality.

Chapter I: The emergence of the principle of separation of

powers

This principle derives its origin in Greek philosophy. It took a political appearance first. It

appeared on the lips of Plato and Aristotle and was read by Luc and Montesquieu and

Rousseau. He moved to the field of application on the effects of the French and American

revolutions.
Part One: The Principle of Separation of Powers in Plato:

Plato believes that the functions of the state must be distributed among different bodies in a

balanced and equal manner so as not to single out one body of government and affect the

authority and the people, which could lead to a coup or revolution, and to avoid the separation

of state functions and bodies, to cooperate and monitor each other to avoid deviation.

Part Two: The Principle of Separation of Powers at Aristotle:

Aristotle described the political organization and said that three functions should be found: the

function of deliberation, which falls within the competence of the General Assembly or the

Council, which, in important matters, provides for the function of order and prohibition of

judges and the judicial function of courts.

Believes that it is better for the political system to distribute power among different bodies, to

cooperate with each other to avoid tyranny.

Part Three: The Principle of Separation of Powers at Jean-Luc:

The first to call for the separation of powers in his book Civil Government, although he did

not develop a complete theory, divided the authorities in the State to four posts (1).

1. Legislative authority: It is concerned with the laws of its age and giving importance to

them.

2. Executive power: It is subject to the authority of the first and granted to the king.

3. Federal authority: It has jurisdiction over foreign affairs.

4. Crown authority: The group of royal rights and privileges.

natural laws and not allowing the seizure of individuals' money. To ensure that the two

authorities respected their terms of reference, he recognized the right of the people to

overthrow them.

Locke's ideas do not give us a picture of what was going on in England, trying to make some

adjustments, but he admits that the crown focuses all the jobs in his hand. He has the rights,

privileges, and executive and federal power.

Chapter Two: The Basis and the Importance of Separation of

Powers

Part I: The foundations of the principle of separation of

powers in the democratic system

1. The need to have three basic powers in the political system, namely the executive

branch, the legislature and the judiciary.

2. Each authority shall have the inherent powers and competencies of the Basic Law (the

Constitution).

3. Each of which enjoys relative independence from the others in its work and in the

decision-making mechanisms and with the powers vested in it.

4. No one of the above-mentioned authorities may have exclusive powers to carry out the

tasks assigned to them, in the sense that there is a guarantee that the absolute

monopoly of power in any area will not be prevented in order to prevent tyranny.

5. There must be mutual and effective control between the three authorities, each

exercising its powers under the control of the other authorities, and ensuring that each

authority complies with its limits.

responsibilities, with some cooperation between them to implement their functions in

harmony and harmony.

7. The degree of separation of powers varies from one political system to another. It is a

flexible separation in parliamentary systems, a semi-rigid separation of presidential

systems, and a closer separation to the flexibility or stalemate of mixed systems

(which take the foundations of the parliamentary system and the foundations of the

presidential system).

Part Two: The importance and forms of separation between

authorities

Importance:

1. Need for organization

2. To prevent the tyranny of authority over another

3. Maintenance of freedoms

4. Control authorities for each other

5. Parallel between powers

6. Prevents domineering

7. Specialization

8. Contributes to the establishment of a legal state

9. Promoting democracy

10. Rule of law

11. Building a system of justice and equality

12. Respect laws and good application

The principle of separation of powers is characterized by a set of positives, but it is not

without the negatives and the most important criticisms that have been directed to him as

follows:

1. The principle of separation of powers is an illusory principle, which is difficult if not

impossible to apply on the ground, as soon one of the authorities to control and control

the other authorities and thus becomes a theoretical principle only.

2. The distribution of power eliminates the principle of responsibility and the manner in

which it is determined, which leads with every authority to evade responsibility and to

place the blame and burden of responsibility on the other authority.

3. The consensus of contemporary political jurisprudence that the theory of separation of

powers within its traditional framework is no longer based on the changing political

circumstances that have permeated all human societies to a sufficient basis of realism

in many of the reasons that can be summed up in the following:

4. That Montesquieu's theory emerged in a historical period in which the dominant view

of the government was that by its inherent nature it was authoritarian, and that it did

not comply with all possible deterrent controls.

5. That the growing growth in the size of the executive system and the continuous

penetration of this device through the various functions it performs in the life of the

community leads to the doubling of the power and the increase of power in various

institutions of government in an unprecedented manner.

6. The political parties also play a role in linking these powers. Thus, the majority party

controls the legislative authority and thus becomes the controlling authority.
Conclusion:

The principle of separation of powers will lead to the distribution of functions and functions

in the state will result in the legislative functions and the executive and judicial function to the

three authorities, the first exercise the task of legislation and the second exercise of the task of

implementation and the third exercise of the judiciary, and this will lead to the implementation

and allocation of each of these authorities each His work and the tasks entrusted to it, and thus

every authority to work, and this is what is meant by the principle of separation of powers (1).

As defined by Montesquieu: "In every country there are three types of authority, the

legislative and the exhaustive, the expropriation of the things that human rights stop," and also

the failure to concentrate all the functions of the state in one hand, but to distribute it to

different bodies. Therefore, it was said in this regard: "In Western democracies, the principle

of separation of powers is not a legal principle in the proper sense, but a principle and a rule

of political art

References:
1. Ibrahim Abdel-Aziz Sheha, Al-Waqeez in Political Systems and Constitutional Law:

Analysis of the Egyptian Constitutional System, Alexandria, Dar Al-Ma'arif, 2000.

2. Bassiouni Abdel Ghani, Political Systems and Constitutional Law, Egypt, Dar Al

Ma'arif, Alexandria, 1997.

3. Hafiz Al-Dulaimi Alwan Hammadi, Political Systems in Western Europe and the

United States, Jordan, Dar Wael Publishing and Publishing, 2001.