What is separation of powers?

Separation of powers assigns legislative, executive and judicial functions to different constitutional institutions and limits their powers. It aims to prevent unchecked concentration, not merely divide tasks. Relationships vary by constitutional system; current Turkish arrangements require the current Constitution.

Three functions

1. Legislature The Grand National Assembly exercises legislative power on behalf of the Turkish nation, and that power cannot be delegated. Legislation and other constitutional parliamentary functions differ; not every parliamentary decision is a statute. 2. Executive The President exercises executive power and duties in accordance with the Constitution and statutes. Executive instruments are not all equivalent to legislation. Presidential decrees face constitutional subject-matter and normative limits. 3. Judiciary Independent, impartial courts exercise judicial power on behalf of the nation. Safeguards support adjudication under law. Judgments differ from administrative instructions.

Balance, cooperation and limits

4. Not absolute isolation Institutions interact through constitutional functions. Making, implementing and reviewing law are different stages. Cooperation does not allow unlimited takeover of another institution’s powers. 5. Review mechanisms Parliamentary, judicial and constitutional controls follow different procedures. Specific provisions establish who reviews which acts and how; their scopes are not identical. 6. Comparing systems Labels such as parliamentary or presidential provide context, but actual powers require examining legal texts. Accounts based on Türkiye’s former government system can misdescribe current institutions. Historical and current arrangements must be distinguished.