Separation of powers in the context of Cabinet of Turkey

Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 1689 – 10 February 1755), generally referred to as simply Montesquieu, was a French judge, intellectual, historian, and political philosopher.

He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word despotism in the political lexicon. His anonymously published The Spirit of Law (De l'esprit des lois, 1748) first translated into English (Nugent) in a 1750 edition was received well in both Great Britain and the American colonies, and influenced the Founding Fathers of the United States in drafting the U.S. Constitution.

Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence, nevertheless may exist because it is impractical to detail in legislation every act allowed to be carried out by the state.

A head of state is the public persona of a sovereign state. The name given to the office of head of state depends on the country's form of government and any separation of powers; the powers of the office in each country range from being also the head of government to being little more than a ceremonial figurehead.

In a parliamentary system, such as India or the United Kingdom, the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco. In contrast, a semi-presidential system, such as France, has both heads of state and government as the de facto leaders of the nation (in practice, they divide the leadership of the nation between themselves).

Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political status quo, and reductions in democracy, separation of powers, civil liberties, and the rule of law. Authoritarian regimes may be either autocratic or oligarchic and may be based upon the rule of a party, the military, or the concentration of power in a single person. States that have a blurred boundary between democracy and authoritarianism have sometimes been characterized as "hybrid democracies", "hybrid regimes" or "competitive authoritarian" states.

The political scientist Juan Linz, in an influential 1964 work, An Authoritarian Regime: Spain, defined authoritarianism as possessing four qualities:

Polybius (/pəˈlɪbiəs/; Ancient Greek: Πολύβιος, Polýbios; c. 200 – c. 118 BC) was an ancient Greek historian of the middle Hellenistic period. He is noted for his Histories, a universal history documenting the rise of Rome in the Mediterranean in the third and second centuries BC. It covers the period 264–146, recording in detail events in Italy, Iberia, Greece, Macedonia, Syria, Egypt and Africa, and documents the Punic Wars and Macedonian Wars among many others.

Polybius's Histories is important not only for being the only Hellenistic historical work to survive in any substantial form, but also for its analysis of constitutional change and the mixed constitution. Polybius's discussion of the separation of powers in government, of checks and balances to limit power, and his introduction of "the people", all influenced Montesquieu's The Spirit of the Laws, John Locke's Two Treatises of Government, and the framers of the United States Constitution.

The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution defined the foundational structure of the federal government.

The drafting of the Constitution by many of the nation's Founding Fathers, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Influenced by English common law and the Enlightenment liberalism of philosophers like John Locke and Montesquieu, the Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into the legislative, bicameral Congress; the executive, led by the president; and the judiciary, within which the Supreme Court has apex jurisdiction. Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the process of constitutional amendment. Article VII establishes the procedure used to ratify the constitution.

Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority.

The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective.

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.

Different countries deal with the idea of judicial independence through different means of judicial selection, that is, choosing judges. One method seen as promoting judicial independence is by granting life tenure or long tenure for judges, as it would ideally free them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England.

A presidential, strong-president, or single-executive system (sometimes also congressional system) is a form of government in which a head of government (usually titled "president") heads an executive branch that derives its authority and legitimacy from a source that is separate from the legislative branch. The system was popularized by its inclusion in the Constitution of the United States.

This head of government is often also the head of state. In a presidential system, the head of government is directly or indirectly elected by a group of citizens and is not responsible to the legislature, and the legislature cannot dismiss the president except in extraordinary cases. A presidential system contrasts with a parliamentary system, where the head of government (usually called a prime minister) derives their power from the confidence of an elected legislature, which can dismiss the prime minister with a simple majority.

The National Assembly (French: Assemblée nationale [asɑ̃ble nɑsjɔnal] ) is the lower house of the bicameral French Parliament under the Fifth Republic, the upper house being the Senate (Sénat). The National Assembly's legislators are known as députés ([depyte]) or deputies.

There are 577 députés, each elected by a single-member constituency (at least one per department) through a two-round system; thus, 289 seats are required for a majority. The president of the National Assembly, currently Yaël Braun-Pivet, presides over the body. The officeholder is usually a member of the largest party represented, assisted by vice presidents from across the represented political spectrum. The National Assembly's term is five years; however, the president of France may dissolve the assembly, thereby calling for early elections, unless it has been dissolved in the preceding twelve months. This measure has become rarer since the 2000 French constitutional referendum reduced the presidential term from seven to five years; in the four elections between 2002 and 2017, the president of the Republic had always had a coattail effect delivering a majority in the assembly election two months after the presidential election, and it was accordingly of little benefit to dissolve it. In 2024, it was dissolved following the announcement of the results of the European Parliament election. Due to the separation of powers, the president of the Republic may not take part in parliamentary debates. They can address the Congress of the French Parliament, which meets at the Palace of Versailles, or have the address read by the presidents of both chambers of Parliament, with no subsequent debate.

Liberal democracy, also called Western-style democracy, or substantive democracy, is a form of government that combines the organization of a democracy with ideas of liberal political philosophy. Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, the equality of outcome for subgroups in society. Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Multi-party systems with at least two persistent, viable political parties are characteristic of liberal democracies.

Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. A liberal democracy may take various and mixed constitutional forms: it may be a constitutional monarchy or a republic. It may have a parliamentary system, presidential system, or semi-presidential system. Liberal democracies are contrasted with illiberal democracies and dictatorships. Some liberal democracies, especially those with large populations, use federalism (also known as vertical separation of powers) in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments. The characteristics of liberal democracies are correlated with increased political stability, lower corruption, better management of resources, and better health indicators such as life expectancy and infant mortality.

The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and evolved over time.

• The best known system is the French Ancien Régime (Old Regime), a three-estate system which was made up of a First Estate of clergy, a Second Estate of titled nobles, and a Third Estate of all other subjects (both peasants and bourgeoisie).
• In some regions, notably Sweden and Russia, burghers (the urban merchant class) and rural commoners were split into separate estates, creating a four-estate system with rural commoners ranking the lowest as the Fourth Estate.
• In Norway, the taxpaying classes were considered as one, and with a very small aristocracy; this class/estate was as powerful as the monarchy itself. In Denmark, however, only owners of large tracts of land had any influence. Furthermore, the non-landowning poor could be left outside the estates, leaving them without political rights.
• In England, a two-estate system evolved that combined nobility and clergy into one lordly estate with "commons" as the second estate. This system produced the two houses of parliament, the House of Commons and the House of Lords.
• In southern Germany, a three-estate system of nobility (princes and high clergy), knights, and burghers was used; this system excluded lower clergy and peasants altogether.
• In Scotland, the Three Estates were the Clergy (First Estate), Nobility (Second Estate), and Shire Commissioners, or "burghers" (Third Estate), representing the bourgeoisie and lower commoners. The Estates made up a Scottish Parliament.

Today, the terms three estates and estates of the realm may sometimes be re-interpreted to refer to the modern separation of powers in government into the legislature, administration, and the judiciary. The modern term the fourth estate invokes medieval three-estate systems, and usually refers to some particular force outside that medieval power structure, most commonly the independent press or the mass media.

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders, such as paroled convicts and children of divorced spouses who share child custody.

State governments in the U.S. are allocated power by the people of each respective state through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and independent powers: executive, legislative, and judicial. States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments.

The government of Puerto Rico encompasses the local administrative structure of the archipelago and island of Puerto Rico, an unincorporated territory of the U.S. organized under the Constitution of Puerto Rico since its establishment as the Commonwealth of Puerto Rico in 1952. The government is a republican democracy divided into three branches: the law-implementing executive, the law-making legislative, and the law-interpreting judicial. The Governor is the chief executive, the Legislative Assembly is the legislature, and the Supreme Court is the highest court of the territory, which is divided into 78 municipalities, each one headed by a strong mayor and a unicameral legislature. Like U.S. states and other U.S. territories, Puerto Rico is subject to the sovereign jurisdiction of the U.S. federal government.

With the American annexation of Puerto Rico during the Spanish–American War, the U.S. established a military government to administer the unincorporated territory from 1898 to 1900, when it was replaced by a civil insular government organized under the organic acts of the Foraker Act from 1900 to 1917 and the Jones–Shafroth Act from 1917 to 1952. The Constitution of Puerto Rico established the Commonwealth of Puerto Rico and its government under the continued status of unincorporated territory in 1952. With the ratification of the constitution, the full authority and responsibility for the local administration of Puerto Rico was vested in the residents of Puerto Rico, resulting in complete self-governance within the archipelago and island.

The supreme state organ of power (SSOP) is a type of legislature and the highest representative institution in communist states operating under the Marxist–Leninist principle of unified power. Unlike systems based on the fusion or separation of powers, the SSOP holds legislative, executive, judicial, and all other forms of state power. Formally regarded as the embodiment of popular sovereignty and the head of the unified state apparatus, its activities in practice are closely shaped by the ruling communist party.

The SSOP's theoretical origins trace back to Jean-Jacques Rousseau's idea of a “supreme power” of the people, Karl Marx’s call for unity of state power, and Vladimir Lenin’s vision of soviets as working organs which combined lawmaking and execution. The world's first SSOP was the All-Russian Congress of Soviets, established after the 1917 October Revolution, and it became the prototype for similar institutions in other communist states.

In the United States, politics functions within a framework of a constitutional federal democratic republic with a presidential system. The three distinct branches share powers: Congress, which forms the legislative branch, a bicameral legislative body comprising the House of Representatives and the Senate; the executive branch, which is headed by the president of the United States, who serves as the country's head of state and government; and the judicial branch, composed of the Supreme Court and lower federal courts, and which exercises judicial power.

Each of the 50 individual state governments has the power to make laws within its jurisdiction that are not granted to the federal government nor denied to the states in the U.S. Constitution. Each state also has a constitution following the pattern of the federal constitution but differing in details. Each has three branches: an executive branch headed by a governor, a legislative body, and a judicial branch. At the local level, governments are found in counties or county-equivalents, and beneath them individual municipalities, county, townships, school districts, and special districts.

The government of the People's Republic of China is based on a system of people's congress within the parameters of a unitary communist state, in which the ruling Chinese Communist Party (CCP) enacts its policies through people's congresses. This system is based on the principle of unified state power, in which the legislature, the National People's Congress (NPC), is constitutionally enshrined as "the highest state organ of power." As China's political system has no separation of powers, there is only one branch of government which is represented by the legislature. The CCP through the NPC enacts unified leadership, which requires that all state organs, from the Supreme People's Court to the State Council of China, are elected by, answerable to, and have no separate powers than those granted to them by the NPC. By law, all elections at all levels must adhere to the leadership of the CCP. The CCP controls appointments in all state bodies through a two-thirds majority in the NPC. The remaining seats are held by nominally independent delegates and eight minor political parties, which are non-oppositional and support the CCP. All government bodies and state-owned enterprises have internal CCP committees that lead the decision-making in these institutions.

The NPC meets annually for about two weeks in March to review and approve major new policy directions, and in between those sessions, delegates its powers to the working legislature, the NPC Standing Committee (NPCSC). This organ adopts most national legislation, interprets the constitution and laws, and conducts constitutional reviews, and is headed by the chairman, one of China's top officials. The president is a ceremonial office and has no real power but represents China abroad, though since the 1990s, the presidency has always been held by the leader of the Chinese Communist Party. Elected separately by the NPC, the vice president has no power other than what the president bestowed on them but assists the president. The head of the State Council, the NPC's executive organ, is the premier. The General Secretary of the Chinese Communist Party is China's leading official since the CCP is tasked with formulating and setting national policy which the state, after being adopted by the NPC or relevant state organ, is responsible for implementing.