Displaying items by tag: yasama

The desire to limit the power of those who dominate societies, together with the theory of separation of powers, led to the establishment of the modern state. Montesquieu, in his work titled "The Spirit of Laws", explained the formation of legislative, executive and judicial powers that are effective in state administration and their relationship with each other. Starting from this principle, the degree of relationship between the forces in the period up to the present has led to the naming of government systems in different ways. The judicial power, which is among the powers, is kept in a separate place in this relationship. Since the judiciary has a close relationship between the legislative and the executive in every system of government, the judicial power is excluded from the determination of government systems. However, in Continental European countries that implement dual judicial systems, the administrative courts, which constitute the administrative leg of the judiciary, and the Constitutional Courts, which were established after the World War II in order to limit the power of the executive and the legislature, have functions in power relations. The existence of this relationship does not change the form of the government system. In each country, there are courts established according to geographical principles with different names. Therefore, in this study, the judicial power, which does not affect the formation of government systems, is not included in the analysis.