Question: Explain the doctrine of separation of powers.

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  • Explain the doctrine (theory) of separation of powers
    • 3 primary functions
      • First put forward by C18th political theorists - Montesquieu
      • The Legislature - Parliament who make the law.
      • The Executive - Government who administer the laws.
      • The Judiciary - Apply the laws.
    • Reason of separation
      • Only way to protect liberty of citizens
      • Each keeps a check on the others & limits the power of any one group.
      • Individuals should not be members of more than one function of the state.
    • Overlaps
      • USA constitution based on this.
      • Reason - LC is involved in all 3
      • Overlap between legislature & executive as ministers forming gov also sit in Parliament.
      • Little overlap between the judiciary and the 2 other arms of the state.


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