The principle of separation of powers and its applications in the Algerian constitutional system

Abstract

The principle of separation of powers is a guarantee of a state of law and thus a guarantee of the equality of individuals and respect for their rights and freedoms, and prevents the stationing of power in one hand, thus achieving the best interests of the state away from arbitrariness and tyranny. The principle of separation of powers is due to the philosophy of the eighteenth century, where we find the modern wording of the French political philosopher Menteskyo, who considers that the principle of separation of powers is a means of eliminating the absolute power of kings. Although the Greek philosopher Aristotle alluded to this principle before him by a statement hello Basic functions of the Authority However, the concept of principle as a rule of political art, which calls for the distribution of these functions to different bodies, is due to the visions of the jurist Mentkyo [1].Perhaps scientific fairness calls us to say that the theory of separation of powers belongs in its first origins to the English thinker John Locke [2], which he addressed in the civil government's writing, but the theory was linked to the name Mentkyo, which he developed in the writing of the spirit of the canons [3].The principle of separation of powers is certainly a necessary principle for organizing tasks and ensuring a fruitful division of labour between the various organs of the State. [1] Noman Ahmed al-Khatib, mediator in political systems and constitutional law, Dar al-Culture for publishing and distribution, Jordan, 2014, p. 183.[2] John Locke is the first to praise the value of this constitutional principle in the work of Governments, see Mohamed Nasr Muhanna, political constitutional system, Alexandria, Egypt, 2005, p. 320.[3] The English writer John Locke is the author of a research in civil government published in 1690 and thinker Mentkyo in the spirit of the laws published in 1748 by the founders of the principle of separation of powers, and the separation of powers in the strict sense of the word not only involves a division of labour but also assumes that different Government agencies are independent of one another. Look at that. Maurice Duferger, political institutions and constitutional law translation of George Saad University Foundation for Studies, publishing and distribution, Lebanon, Beirut, 1992, p. 110.[4] Zuhair thanked: Mediator in constitutional law, part I, constitutional law and political institutions – General theory and major Powers, university Institution for Studies, publishing and distribution, without publishing place, 1994, p. 175.[5] Declaration of human Rights and the