Characteristics of the principle of separation of powers and its impact on the rights and freedoms of citizens « With a look at to different legal systems »

Abstract

The principle of separation of powers is one of the most important constitutional pillars upon which modern political systems are founded. It provides essential guarantees that prevent the concentration of power in the hands of a single entity, thereby preventing tyranny and abuse of power. Comparative constitutional experiences have demonstrated that distributing public functions among independent yet cooperative authorities contributes to strengthening good governance and establishes a dynamic balance that prevents any overstepping of jurisdiction. This principle transcends its role as a mere administrative or organizational division of labor among state institutions; at its core, it constitutes a mechanism for protecting citizens' rights and freedoms from any arbitrary actions by any of the three branches of government. This research aims to highlight the importance of a deep understanding of the principle of separation of powers and its close connection to protecting citizens' rights and freedoms. Human rights cannot be discussed in the absence of a legal system that strives to achieve a balance among the various branches of government, ensuring that no single entity can exploit its power at the expense of others. The legal system based on the separation of powers is not just a theoretical concept, but a vital element that performs its function in protecting society and guaranteeing the rights of individuals. This is to answer the following question: How does the principle of separation of powers affect the protection of citizens' rights and freedoms in modern legal systems? Through reliance on the descriptive and analytical approach, the study concluded that the separation of powers is the basic guarantee against the concentration of power in one entity and the protection of rights, in addition to the existence of a clear constitutional framework that enhances the effectiveness of the principle and ensures the implementation of the powers of each authority within its legal limits.