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).

NADER QASIM MOHAMMAD ALSARHAN; MAJED FALAH ALSARHAN

doi:https://doi.org/10.64440/BIRUNI/BIR225

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).

Authors : NADER QASIM MOHAMMAD ALSARHAN, MAJED FALAH ALSARHAN

Pages : 10-36

Doi:https://doi.org/10.64440/BIRUNI/BIR225

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Publication Date : 2025-12-15

Article Type : Research Paper

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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