Publication Details
Abstract
This study will examine how the principle of separation of powers is applied in the context of contemporary constitutional developments in an effort to consolidate the rule of law and individual and collective rights and freedoms. The principle of separation of powers is a foundational component of the modern state because it maintains a check and balance between the legislative, executive, and judicial branches of government, preventing the accumulation of power in one branch and reducing the threat of tyranny while upholding justice and accountability. It examines the theoretical and historical development of separation of powers and the ways these systems have been adapted and refined to provide greater judicial independence, clearer separation of powers, mechanisms of accountability and mutual oversight, and independent organizations and bodies to monitor the actions of each authority, the role of constitutional courts and oversight organizations to review executive policies and legislation to ensure compliance with the constitution and the law, which strengthens the protection of fundamental rights and establishes the law as the highest legal norm of the state, thereby making the application of this principle in practice, through the balance of authorities, possible to consolidate the rule of law. The study concludes that one of the key tools for the rule of law, the defense of rights, and the development of democracy is the separation of powers as it connects theory to practice in a way that balances authorities, promotes integrity, and efficiency in the work of government and is a cornerstone of the rule of law and respect for rights and freedoms in the modern state.