Research Article | Volume 3 Issue 11 (2025) | Published in 2025-11-22
The Impact of the Implementation of the Principle of Separation of Powers on Achieving Democracy in Contemporary Political Systems: A Comparative Study Between Presidential and Semi-Presidential Systems (Using the Turkish and French Systems as Models).
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الملخص
ABSTRACT
The objective of this study was to elucidate the principle of separation of powers and examine the structure and functions of the three branches of government in modern political systems, specifically the presidential and semi-presidential systems, by comparing the Turkish presidential system with the French semi-presidential system. The study employed comparative techniques and the descriptive-analytical method to attain its objectives. The study concluded that the effective implementation of the separation of powers principle in modern political systems is essential for achieving the desired democracy globally.
The study demonstrated the presence of parallels in the implementation of the principle of separation of powers within the Turkish and French systems, especially with the establishment of the executive and judicial branches, as well as the authorities of the legislative and judicial branches in both systems. The study demonstrated that the Turkish presidential system has attained comprehensive democracy through the effective implementation of the separation of powers concept, in contrast to the French semi-presidential system, which has forfeited its constitutional and comprehensive democratic essence. This is evident in the establishment of the French legislative branch, which was not formed entirely by popular election. This branch is divided into two components: the National Assembly, formed through direct popular elections, and the Senate, created through elections for specific categories, consisting of senators, representatives of councils of French expatriates, and municipal councilors, without a general referendum, which violates the principle of separation of powers.
A closer examination highlights the intervention of the executive branch in the judicial domain within the French semi-presidential system. This is evident in the authority granted to the French president to issue pardons in specific cases after judicial decisions have already been rendered. Such authority challenges the proper application of the principle of separation Of powers.
A closer examination highlights the intervention of the executive branch in the judicial domain within the French semi-presidential system. This is evident in the authority granted to the French president to issue pardons in specific cases after judicial decisions have already been rendered. Such authority challenges the proper application of the principle of separation of powers, which requires a clear and deliberate distinction between the executive and judicial branches.
Unlike the French semi-presidential system, the Turkish presidential system is more democratic due to the effective implementation of the separation of powers principle.
Keywords: Principle of Separation of Powers, Democracy, Presidential Systems, Semi-Presidential Systems.
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المراجع
[1] Al-Khashab, Mustafa (1957), Political Theories and Doctrines, 1st ed., Al-Bayan Al-Arabi Printing: Saudi Arabia, p. 272.
[2] Al-Atebi, Mubarak (2013), Separation of Powers in the Kuwaiti and Jordanian Systems: A Comparative Study, Unpublished Master's Thesis, Middle East University, Jordan, p. 18.
[3] Khazraji, Thamer (2004), Modern Political Systems and Public Policy, 1st ed., Amman: Majdalawi Publishing and Distribution, p. 251.
[4] Jidi'a, Diaa (2022), The Principle of Separation of Powers and Its Applications in Contemporary Systems (A Comparative Study), Iraqi University Journal, Vol. 2, Issue (55), pp. 543-563, p. 544.
[5] Al-Miqdad, Muhammad (2012), Turkey's Domestic Politics Under the Rule of the Justice and Development Party (2002–2009), Arab Universities Union Journal of Arts, Vol. 9, Issue (11), pp. 39-83, pp. 48-49.
[6] Article (75) of the 1982 Turkish Constitution, including amendments up to 2017.
[7] Articles (75-77) of the 1982 Turkish Constitution, including amendments up to 2017.
[8] Al Jazeera (2023), Turkish Military Coups: From the Overthrow of Menderes to the Failed July Attempt, Al Jazeera Website, Accessed on 25/5/2023, https://www.aljazeera.net/.
[9] See: Article (101) of the 1982 Turkish Constitution, including amendments up to 2017.
[10] JAMAL AWWAD ALKHARMAN (2025). Cyber-Terrorism Crimes And Their Impact On Maritime Transport Operations. Al-Biruni Journal of Humanities and Social Sciences, 3(10). https://doi.org/10.64440/BIRUNI/BIR005
[11] See: Articles (140-142) of the 1982 Turkish Constitution, including amendments up to 2017.
[12] Badawi, Muhammad (1958), Mothers of Modern Political Ideas and Their Reflections in Governance Systems, 1st ed., Cairo: Dar Al-Ma'arif, Egypt, p. 99.
[13] Faraht, Iman (2016), The Principle of Separation of Powers in Successive Jordanian Constitutions and Amendments 1928-2011: A Historical Study, Journal of Humanities and Social Sciences Studies, Issue 2, p. 776.
[14] Article (24) of the 1958 French Constitution, including amendments up to 2008.
[15] Article (24) of the 1958 French Constitution, including amendments up to 2008.
[16] Al-Wahidi, Fathi (2004), Constitutional Law and Political Systems, 4th ed., Gaza: Al-Miqdad Printing and Publishing in Gaza Strip, p. 233.
[17] Jabber, M. N. (2025). NATO from formation to expansion: A perspective on international relations. Al-Biruni Journal of Humanities and Social Sciences, 3(10). https://doi.org/10.64440/BIRUNI/BIR006
[18] See: Article (65) of the 1958 French Constitution, including amendments up to 2008.
[19] DOĞAN, Bayram & GEYİK, Ali (2020), The Principle of Separation of Powers in the Presidential Government System, SDÜHFD VOL: 10, NO: 2, YEAR: pp. 19-45, p. 30.
[20] See Article (87) of the 1982 Turkish Constitution, including amendments up to 2017: "The duties and powers of the Grand National Assembly of Turkey include enacting, amending, and abolishing laws; discussing and adopting the budget law and final account law; issuing currency decisions and declaring war; approving international treaties; issuing general amnesty and pardons with a three-fifths majority of members; and exercising powers and duties specified in other provisions of the Constitution" and Article (88) "Members of Parliament may propose bills...".
[21] See Article (95) of the 1982 Turkish Constitution, including amendments up to 2017.
[22] Bayram, DOĞAN & İdris, DOĞAN (2020), The Responsibility of the President in the Presidential Government System, İnönü University Faculty of Law Journal, Vol. 11, Issue 2, pp. 468-483.
[23] Akgül, Mehmet (2010), The Transformation of the Principle of Separation of Powers and Its Meaning in Contemporary Democratic Regimes, Ankara Bar Association Journal, Year: 68, Issue: 2010/4, pp. 90-97.
[24] See: Article (118) of the 1982 Turkish Constitution, including amendments up to 2017.
[25] See: Article (148) of the 1982 Turkish Constitution, including amendments up to 2017.
[26] See: Article (154) of the 1982 Turkish Constitution, including amendments up to 2017.
[27] See: Article (155) of the 1982 Turkish Constitution, including amendments up to 2017.
[28] See: Article (158) of the 1982 Turkish Constitution, including amendments up to 2017.
[29] See Articles (35, 39, 47, 50) of the 1958 French Constitution, including amendments up to 2008.
[30] Al-Shakrawi, Ali (2012), The Meaning of the Principle of Separation of Powers and Its Evaluation, Journal of the Faculty of Law, University of Babel, p. 1.
[31] Al-Tawil, Youssef (2008), The French Political System from the Revolution to the Fifth Republic 1789-2007, Unpublished Master's Thesis, Al-Azhar University – Gaza, Palestine, p. 24.
[32] See Articles (9, 10) of the 1958 French Constitution, including amendments up to 2008.
[33] See Article (17) of the 1958 French Constitution, including amendments up to 2008.
[34] Al-Madhi, Mishal (2021), Separation of Powers in the Jordanian Constitutional System and Comparative Systems, Unpublished Doctoral Thesis, Malik Saadi University, Morocco, p. 122.
[35] See Article (21) of the 1958 French Constitution, including amendments up to 2008.
[36] See Article (65) of the 1958 French Constitution, including amendments up to 2008. -
Article history_ar
Received : Oct 07, 2025
Revised : Oct 08, 2025
Accepted : Nov 04, 2025
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Authors Affiliations_ar
NADER QASIM MOHAMMAD ALSARHAN, MAJED FALAH ALSARHAN
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Ethics declarations_ar
Acknowledgment None Author Contribution All authors contributed equally to the main contributor to this paper. All authors read and approved the final paper. Conflicts of Interest “The authors declare no conflict of interest.” Funding “This research received no external funding”
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