Research and Development in Public Law

Research and Development in Public Law

Common Denominator of Separation of Powers Theories (From Separation of Powers in Contemporary Constitutional Law to Independence of Powers in Iranian Constitutional Law)

Document Type : Original Article

Authors
1 Associate Professor, Department of Public and International Law, Faculty of Law, Farabi College, University of Tehran, Qom, Iran
2 Master of Public Law, Farabi College, University of Tehran, Qom, Iran
Abstract
. The principle of separation of powers was developed as the most important legal guideline to prevent the concentration of power in the hands of a single person or institution, with the aim of safeguarding the rights and freedoms of the people, and it went through its evolutionary course in the context of the fluidity of political regimes and was finally exposed to different perceptions. So, in some perceptions, the concentration of power is the basis of the separation of powers, and at the same time, the balance of powers is also taken into account. As at a time the equality of powers and at another time the hierarchy of powers is noticeable. The difference in perceptions is to such an extent that some contemporary writers such as Lawrence Klaus, in their writings, have boldly put the opinions of the classic experts of this concept, indeed Montesquieu, in the crucible of criticism, opinion and serious challenge. In this article, we try to find the only common denominator among them by extracting the various aspects and indicators of this concept in contemporary political regimes. The aforementioned aspects and indicators include: "the way of looking at power and man", "the origin of powers", "the dispute over the number of powers", "the legal system of the government", "the principle of preventing the concentration of power and the state of emergency", "The principle of prohibiting the accumulation of jobs", "horizontal equality of powers", "independence of powers" and "check and balance system". The current article begins with the question that considering the different perceptions of the separation of powers during different periods, what commonality can be found among all of them? The presented hypothesis also indicates that based on the fluidity of political regimes, there is only one common denominator and mandatory principle among all perceptions of the separation of powers - or it can be found - and that is also important that under normal conditions, the triple powers are not applied by a person or an institution and after the end of the existing emergency, the concentration of the created powers returns to its original state. The article is written with a descriptive-analytical.
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