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ISSN: 2333-9721
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-  2019 

THE EMERGENCE OF DOCTRINE OF THE SEPARATION OF POWERS: LOCKE AND MONTESQUIEU

Keywords: Devlet teorisi,kuvvetler ayr?l???,yasama erki,yürütme erki,yarg? erki,Locke,Montesquieu

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Abstract:

The principle of separation of powers is now regarded as a fundamental element of democratic constitutional governance. The historical development process of this principle, which emerged with the need of limitation of power users, extends to the early ages. But the modern sense of the concept of separation of forces is largely based on the work of the English philosopher Locke and the French thinker Montesquieu. Locke's legislative-executive-federative separation of powers has won the form of legislative-executive-judicial separation in Montesquieu. In this study, the process of development of the division of triad powers is firstly handled separately in terms of the approaches of thinkers. Then, comparative analysis of different features is made. Locke, Montesquieu, and even Rousseau, who argues that the separation of forces is wrong. Finally, it is argued that the mechanism of checks and balances proposed for relations between the powers because of the prominence of parliamentary superiority has only been effectively applied after the period of revolutions

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