The New Separation of Powers Theory and its Applicability in Turkey


İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.2, no.2, pp.63-112, 2015 (Peer-Reviewed Journal) identifier


The classical theory of separation of powers aims at preventing the concentration of power and arbitrary rule through the allocation of legislative, executive and judicial branches in different hands. Nevertheless upon the political developments in 19th and 20th centuries the scarcity of tripartite division of powers was observed in the protection of normative values that it intended to secure. Therefore new theories of the separation of powers claiming a different division of powers from the classical model were proposed. This paper analyses the historical and intellectual development of the classical separation of powers theory; the criticism of the classical separation of powers theory and the search for a new theory of separation of powers; the development of the new separation of powers theory and various views on this issue; lastly the applicability of the new separation of powers theory in Turkey