The modern relations between the legislative, executive and judiciary branches within the context of the principle of separation of powers

The separation of powers is a constitutional principle, providing the legislative, executive and judiciary vested in different institutions and different persons as the three basic functions of a state. The intended aim of the principle of separation of powers is to prevent a government acting arbitrarily and thus to establish a political order in which the fundamental rights and freedoms are guaranteed by dividing the state power between different institutional structures and persons. The principle of separation of powers is divided into three sub-principles which are in this case functional separation of powers, institutional separation of powers and personal separation of powers. Within this context, functional separation of powers refers to the tripartite functions of the state power, namely; the legislative for making laws, executive for implementing laws and judiciary for interpreting and applying laws in case of legal disputes. Coupled with functional separation of powers, institutional separation of powers refers to the implementation of these three functions by three different bodies. Personal separation of powers refers to officials each of whom participating in these bodies is to be different. In other words, separation of the state power on a functional basis indicates the functional separation of powers; separation of the state power on an institutional basis indicates the institutional separation of powers; separation of the state power on a personal basis indicates the personal separation of powers. In contradistinction to the principle of separation of powers, it is not quite possible for the legislative, executive and judiciary branches to be separate in an absolute manner. This issue is relevant for both the necessity of the system of check and balances in which the three branches are able to check and control each other, and the requirements of the effective government. Therefore relations between legislative, executive and judiciary branches are inevitable. Thus, the principle of separation of powers has evolved into the principle of balance of powers with regard to legislative-executive relations. Separation and independence of the judiciary branch from the legislative and executive branches is essential. Having said that, both in supervision over legislative and executive; and appointment of judges and selection for the membership of supreme/superior courts, judiciary branch enters into relations with the remaining two branches. This study is basically about the appearance of the principle of separation of powers in modern constitutional orders. Within this context, the instruments of coordination and cooperation as well as check and balance mechanisms are to be examined, several assessments and suggestions are to be carried out therefrom.