مبدأ الفصل بين السلطات كضمانة أساسية لنفاذ القواعد الدستورية

Abstract EN

The principle of separation of powers arose in the old legal and political thought and developed in contemporary political thought, The basic idea underlying the principle of philosophers and political system scientists, especially the jurists of constitutional law, centered on the need to distribute state functions to three main functions: Legislative function, executive function, judicial function, these functions are distributed to separate, equal and independent bodies in a functional manner in the performance of their functions, So as not to concentrate public power in one hand, abuse the use of the rule and despotic rule ends with the elimination of fundamental rights and freedoms of individuals.

The Constitution is a characteristic of the legal state as the legitimate basis for the existence of the authorities in the State, , Which is specific to the philosophical, legal and ideological thinking underlying its political, economic, social and cultural system, The constitutional legal rule is superior to other legal norms, This obligation imposes the obligation to adhere to the principle of the incorporation of legal rules and requires the subordination of the ruler and the governed by law, Then comes the principle of separation of powers as a fundamental guarantee of collective and individual rights and freedoms.

Key words: The concept of separation of powers among philosophers, The principle of separation of powers, the principle of separation of powers in accordance with the 2016 Constitution, The practical guarantees of the principle of separation of powers in accordance with the 2016 Constitution.