The Origin and Development of the Principle of Separation of Powers

Abstract

In the context of this research study, it can be said that the principle of separation of powers between the three powers: legislative, executive, and judicial; originated and developed at the hands of pioneers of intellectual philosophy, such as Plato, Aristotle, and Montesquieu, who sought to revive this principle, after the French Revolution, which overthrew the autocratic rule, during the era of absolute monarchy. After the various experiences that this principle went through in the political systems that passed through those eras, the principle of separation of powers enjoyed several advantages, foremost among which is the support of the state of law and institutions. It was not without criticism and some flaws, including the evasion of responsibility by state institutions and bodies and placing it on other institutions. To overcome these flaws, and to properly apply the principle of separation of powers, it is necessary to work in the spirit of the law and cooperation between these three powers according to the jurisdiction of each power, and not to exceed one of them to the other power, within the framework of the supervisory work on these powers determined by the constitution and law; which establishes the construction of modern political systems that enjoy true democracy, in which justice and equality prevail, and in which the freedoms of individuals are protected. This is what their ancestors fought for in societies that rejected slavery and tyranny.