Abstract:

The principle of separation of forces, identified by the name of Montesquieu in the history of political thought, was established in many positive legal documents, starting with the 1789 American and 1791 French Constitutions. It should be noted that this principle, which forms the basis of modern constitutional law, has a legal nature as well as a political nature. The principle of separation of powers is based on the basis that in each political community of state character there are different powers and that these powers can be divided into three, as legislation, execution and justice, and that these three powers must be given to separate, independent bodies in order to ensure freedoms. In the modern sense, political parties emerged much longer after the principle of separation of forces. The first political parties in history, the 19th in the West. They appeared first in the United States, then in the United Kingdom. There has been no legal arrangement for political parties for a long time; however, II. After the World War, the constitutions included regulations relating to political parties. It is not possible to find an example of a political regime that is consistent with the theory of pure forces separation. Because, in the days when this theory was promoted, modern political parties were not yet present. Problems with the power were more organizational. The various organs and the power and relationships between them could be balanced by the separation of forces. Nowadays, there are political parties that direct political life, and institutions provide them only with a formal framework. In this work, we will first place the definition of the principle of division of forces and the transition to positive principles. In the second part of our work, we will examine the issue of government systems according to the principle of the division of forces. In the third part, we will discuss the impact of the separation of forces on the activities of political parties in the parliamentary system and work with our impressions about the outcome.

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