Separation of Powers Under the American Legal System and Islamic Law

24 Pages Posted: 22 Nov 2011 Last revised: 31 Jul 2012

See all articles by Mohamed Abdelaal

Mohamed Abdelaal

Alexandria University - Faculty of Law; Indiana University Robert H. McKinney School of Law

Date Written: November 19, 2011

Abstract

Separation of Powers is well-established principle in all modern-democratic legal systems. In the abstract, this principle is a constitutional principle in which every state is eager to draw its features in its own constitution.

The Separation of Powers is a term that invented by the French political philosopher Baron de Montesquieu after being first introduced by the ancient Greeks and developed by the Roman Empire.

The principle is a mere attempt to a draft a model of governance that reinforces the democratic aspects in the state by dividing the state into three branches “executive, legislature, and judiciary”. The principle is to arm each branch with some tools whereby each branch can check the powers of the other and guarantee that no branch will intervene in the functions of the other.

In this paper, I will expound briefly the borders of this principle in both the American Legal System and Islamic Law, in an attempt to shed light over the emergence of this principle and the mechanism that shapes its working field in the two systems.

Keywords: Separation of Power, Islamic Law, Checks and Balance

Suggested Citation

Abdelaal, Mohamed, Separation of Powers Under the American Legal System and Islamic Law (November 19, 2011). Available at SSRN: https://ssrn.com/abstract=1962095 or http://dx.doi.org/10.2139/ssrn.1962095

Mohamed Abdelaal (Contact Author)

Alexandria University - Faculty of Law ( email )

Moustafa Mshrafa st.
Souter
Alexandria
Egypt

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street, Lawrence W. Inlow Hall
Indianapolis, IN Indiana 46202
United States

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