توازن السلطات في النظم الدستورية المعاصرة: الأسس النظرية والتحديات المؤسسية وآفاق التطوير

Abstract

This study addresses the balance of powers in contemporary constitutional systems as a fundamental pillar of the modern state's constitutional framework. It aims to achieve a balance between the legislative, executive, and judicial branches, preventing the concentration of power in the hands of a single entity, thereby ensuring the protection of public rights and freedoms and strengthening the rule of law.

The study seeks to analyze the theoretical and intellectual foundations of the principle of the balance of powers by tracing its historical development in political and constitutional thought and outlining the most important political objectives it seeks to achieve within the framework of a democratic state. It also examines the contemporary institutional challenges facing this principle, particularly in light of the increasing role of political parties and pressure groups, the expanding powers of the executive branch, and the growing impact of technological and economic changes on the structure of the state.

The study employs a comparative analytical approach, examining the applications of the balance of powers principle in parliamentary, presidential, and semi-presidential systems, with a focus on selected comparative constitutional models. The study concludes that the effectiveness of the principle of checks and balances is not solely dependent on constitutional texts, but also on the strength of constitutional institutions, the independence of the judiciary, the existence of a democratic political culture, and effective mechanisms for oversight and accountability.