"Adl va Ensaf" Comparative Law Researches Quarterly

Document Type : Original Article

Author

a. aPhD in Public Law, Shiraz Azad University / Faculty of Law and Political Science

Abstract

In today's world, the separation of powers as the cornerstone and cornerstone of democracy, the adornment of the constitution and the vassal of the rights and freedoms of the people and the main basis and purpose of this principle has been to achieve the original ideal of democracy. Now the question arises whether the methods and models of separation of powers in the Islamic Republic of Iran and the three political systems of the model and claimant of democracy, namely the British Parliament, the US presidency and the French semi-presidential / semi-parliamentary, really comply with the principles of separation of powers and democracy. The present study uses analytical-descriptive method to prove the hypothesis that the relationship between the principles of separation of powers and real democracy is like a link between a text and its footnote, and therefore it is not possible to choose different models of separation of powers as a brain teaser. Be clear with the basics of separation of powers and the characteristics of democracy. The result of the research will be that the above-mentioned countries have chosen different models of separation of powers based on apparent democracy, and it is suggested that because today's theory of the three powers no longer meets the demands of democracy, the fourth and popular power called "supervisory power" And subversion "should be considered in the constitutions of countries.

Keywords