🔷 Separation of Powers

➡️ “Separation of powers” refers to the idea that the major institutions of state should be
functionally independent and that no individual should have powers that span these offices.
The principal institutions are usually taken to be the executive, the legislature and the
judiciary.

🔷 In early accounts, such as Montesquieu’s The Spirit of the Laws, the separation of powers is intended to guard against tyranny and preserve liberty. It was held that the major institutions should be divided and dependent upon each other so that one power would not be able to exceed that of the other two. Today, the separation of powers is more often suggested as a way to foster a system of checks and balances necessary for good government.

➡️ In the United States and other presidential system, a strict separation is often a fundamental constitutional principle. In the United Kingdom and other common law jurisdictions, however, the theory of separation has enjoyed much less prominence. In the UK, the major offices and institutions have evolved to achieve balance between the Crown (and more recently the
Government) and Parliament. The system resembles a balance of powers more than a formal separation of the three branches, or what Walter Bagehot called a “fusion of powers” in The English Constitution.

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