The function of principle of separation of powers on the protection of fundamental rights and freedoms

The idea of an "ideal state" coexisted with the desire and necessity of social life, and it was accepted as a supreme search for individuals to live together in order. Human rights, a concept as old as human history, have been the cause of struggles for centuries, and people have pursued the purpose of living a life worthy of human dignity they had since their birth. Naturally, it has been accepted that the ideal state should also be an institution that provides and guarantees human rights. It is important in this respect to draw the limits of the power of the state. In the presence of an unlimited state power, there is always the danger of arbitrary interference with citizens' fundamental rights and freedoms. At this point, the principle of separation of powers has found its place, by separating the state into organs with different functions and powers, it has presented an intra-state balance mechanism and has become the building block of democracy. In this system, which exempts the state from unlimited power and divides the state power into functions, it has helped the principle of the state's intervention in fundamental rights and freedoms take the present form. Although it is accepted that fundamental rights and freedoms can be limited in order to prevent social chaos today, the restriction will not be an uncontrolled restriction on the basis of the principle of separation of powers. The system of separation of powers will serve as a substantial guarantee even in cases of intervention. KEYWORDS: Principle of Separation of Powers, Fundamental Rights and Freedoms, Legislative Power, Executive Power, Judicial Power, Governmental Systems.