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Separation of powers refers to the division of a
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our Sta ...
's
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
into branches, each with separate, independent
powers Powers (stylized as POWERS) is a musical duo composed of Mike Del Rio and Crista Ru. Their music has been described as alternative pop, electropop, and progressive pop. ''Time'' has called their music "groovy and futuristic". Music "Gimme Some" ...
and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a
legislature A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with th ...
, an
executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, a senior management role in an organization ** Chief exec ...
, and a
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes and interprets, defends, and applies the law in legal cases. ...

judiciary
, which is the ' model. It can be contrasted with the
fusion of powers Fusion of powers is a feature of some parliamentary forms of government where the executive and legislative branches of government are intermingled. It is contrasted with the separation of powers found in presidential and semi-presidential forms of ...
in
parliamentary A parliamentary system or parliamentary democracy is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the confidence of the legislature, typi ...
and
semi-presidential systems A semi-presidential system or dual executive system is a system of government in which a president exists alongside a prime minister and a cabinet, with the latter being responsible to the legislature of the state. It differs from a parliamentar ...
, where the executive and legislative branches overlap. The intention behind a system of separated powers is to prevent the concentration of power by providing for
checks and balances Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical ...
. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principle. While the model is a common type of separation, there are governments that have more or fewer than three branches.


History


Antiquity

Aristotle Aristotle (; grc-gre|Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Lyceum, the Peripatetic schoo ...

Aristotle
first mentioned the idea of a "mixed government" or hybrid government in his work ''Politics'', where he drew upon many of the constitutional forms in the
city-states of Ancient Greece
city-states of Ancient Greece
. In the
Roman Republic#REDIRECT Roman Republic#REDIRECT Roman Republic {{Redirect category shell|1= {{R from other capitalisation ...
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, the
Roman Senate#REDIRECT Roman Senate#REDIRECT Roman Senate {{Redirect category shell|1= {{R from other capitalisation ...
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,
Consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the t ...
and the Assemblies showed an example of a
mixed government Mixed government (or a mixed constitution) is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived as anarchy, oligarchy and tyranny. The ...
according to
Polybius Polybius (; grc-gre|Πολύβιος, ''Polýbios''; –  BC) was a Greek historian of the Hellenistic period noted for his work , which covered the period of 264–146 BC in detail. The work describes the rise of the Roman Republic to th ...
(''Histories'', Book 6, 11–13).


Early modern mixed government in England and its colonies

John Calvin John Calvin (; french: Jean Calvin ; born Jehan Cauvin; 10 July 150927 May 1564) was a French theologian, pastor and reformer in Geneva during the Protestant Reformation. He was a principal figure in the development of the system of Christian t ...

John Calvin
(1509–1564) favoured a system of government that divided political power between
democracy Democracy ( gr|δημοκρατία, ''dēmokratiā'', from ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to choose their governing legislators. The decisions on who is considered par ...

democracy
and
aristocracy Aristocracy ( grc-gre|ἀριστοκρατία , from 'excellent', and , 'rule') is a form of government that places strength in the hands of a small, privileged ruling class, the aristocrats. The term derives from the Greek ''aristokratia'', ...
(
mixed government Mixed government (or a mixed constitution) is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived as anarchy, oligarchy and tyranny. The ...
). Calvin appreciated the advantages of
democracy Democracy ( gr|δημοκρατία, ''dēmokratiā'', from ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to choose their governing legislators. The decisions on who is considered par ...

democracy
, stating: "It is an invaluable gift if God allows a people to elect its own government and magistrates." In order to reduce the danger of misuse of political power, Calvin suggested setting up several political institutions that should complement and control each other in a system of
checks and balances Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical ...
. In this way, Calvin and his followers resisted
political absolutism Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations between individuals, such as the distribution of resources or status. The branch of social science that studies ...
and furthered the growth of democracy. Calvin aimed to protect the rights and the well-being of ordinary people. In 1620 a group of English separatist
Congregationalists Congregational churches (also Congregationalist churches; Congregationalism) are Protestant churches in the Reformed tradition practising congregationalist church governance, in which each congregation independently and autonomously runs its ow ...
and
Anglicans Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation. Adherents of Anglicanism are called ''Anglicans''; they are also called ''E ...
(later known as the
Pilgrim Fathers The Pilgrims were the English settlers who came to North America on the ''Mayflower'' and established the Plymouth Colony in what is today Plymouth, Massachusetts, named after the final departure port of Plymouth, Devon. Their leadership came fr ...
) founded
Plymouth Colony Plymouth Colony (sometimes Plimouth) was an English colonial venture in America from 1620 to 1691 at a location that had previously been surveyed and named by Captain John Smith. The settlement served as the capital of the colony and developed as ...
in North America. Enjoying self-rule, they established a bipartite democratic system of government. The "freemen" elected the General Court, which functioned as legislature and judiciary and which in turn elected a governor, who together with his seven "assistants" served in the functional role of providing executive power.
Massachusetts Bay Colony The Massachusetts Bay Colony (1628–1691), more formally The Colony of Massachusetts Bay, was an English settlement on the east coast of America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as the ''Prov ...
(founded 1628),
Rhode Island Rhode Island (, like ''road''), officially the State of Rhode Island, is a state in the New England region of the United States. It is the smallest U.S. state by area and the seventh-least populous (1,059,361 as of 2019), but it is also the sec ...
(1636),
Connecticut Connecticut () is the southernmost state in the New England region of the United States. As of the 2010 Census, it has the highest per-capita income, second-highest level of human development behind Massachusetts, and highest median household ...
(1636),
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware R ...
, and
Pennsylvania Pennsylvania ( ) ( pdc|Pennsilfaani), officially the Commonwealth of Pennsylvania, is a state in the Mid-Atlantic, Northeastern, and Appalachian regions of the United States. The Commonwealth is bordered by Delaware to the southeast, Maryland ...
had similar constitutions – they all separated political powers. (Except for Plymouth Colony and Massachusetts Bay Colony, these English outposts added
religious freedom Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
to their democratic systems, an important step towards the development of
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human ...
.) Books like William Bradford's ''
Of Plymouth PlantationThe front page of the Bradford journal ''Of Plymouth Plantation'' is a journal that was written over a period of years by William Bradford, the leader of the Plymouth Colony in Massachusetts. It is regarded as the most authoritative account of the P ...
'' (written between 1630 and 1651) were widely read in England. So the form of government in the colonies was well known in the mother country, including to the philosopher
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "Father of Liberalism". Considered one of th ...

John Locke
(1632–1704). He deduced from a study of the English constitutional system the advantages of dividing political power into the legislative (which should be distributed among several bodies, for example, the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Members of the House of Lords are dr ...

House of Lords
and the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In the UK and Canada, the Commons holds much more legislative power than the nominally upper house of parliament. The lead ...

House of Commons
), on the one hand, and the executive and federative power, responsible for the protection of the country and prerogative of the monarch, on the other hand. (The
Kingdom of England The Kingdom of England was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain. The Kingdom ...
had no written constitution.)


Tripartite System

During the
English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians ("Roundheads") and Royalists ("Cavaliers"), mainly over the manner of England's governance and issues of religious freedom. It was ...
, the parliamentarians viewed the English system of government as composed of three branches - the King, the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Members of the House of Lords are dr ...

House of Lords
and the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In the UK and Canada, the Commons holds much more legislative power than the nominally upper house of parliament. The lead ...

House of Commons
- where the first should have executive powers only, and the latter two legislative powers. One of the first documents proposing a tripartite system of separation of powers was the
Instrument of Government The Instrument of Government was a constitution of the Commonwealth of England, Scotland and Ireland. Drafted by Major-General John Lambert in 1653, it was the first sovereign codified and written constitution in England. Antecedence The ''In ...
, written by the English general
John LambertJohn Lambert may refer to: *John Lambert (martyr) (died 1538), English Protestant martyred during the reign of Henry VIII *John Lambert (general) (1619–1684), Parliamentary general in the English Civil War *John Lambert of Creg Clare (''fl.'' c. 1 ...
in 1653, and soon adopted as the constitution of England for few years during
The Protectorate The Protectorate was the period during the Commonwealth (or, to monarchists, the Interregnum) during which England and Wales, Scotland, Ireland and the English overseas possessions were governed by a Lord Protector as a republic. The Protectorat ...
. The system comprised a legislative branch (the Parliament) and two executive branches, the
English Council of State The English Council of State, later also known as the Protector's Privy Council, was first appointed by the Rump Parliament on 14 February 1649 after the execution of King Charles I. Charles's execution on 30 January was delayed for several hours ...
and the
Lord Protector Lord Protector (plural: ''Lords Protector'') is a title that has been used in British constitutional law for the head of state. It is also a particular title for the British heads of state in respect to the established church. It is sometimes used ...
, all being elected (though the Lord Protector was elected for life) and having checks upon each other. A further development in English thought was the idea that the judicial powers should be separated from the executive branch. This followed the use of the juridical system by the Crown to prosecute opposition leaders following the Restoration, in the late years of [[Charles II of England|Charles II and during the short reign of [[James II of England|James II (namely, during the 1680s).


Montesquieu's separation of powers system

The term "tripartite system" is commonly ascribed to [[France|French [[Age of Enlightenment|Enlightenment [[political philosopher [[Charles de Secondat, baron de Montesquieu|Baron de Montesquieu, although he did not use such a term but referred to "distribution" of powers. In ''[[The Spirit of the Laws'' (1748), Montesquieu described the various forms of distribution of [[political power among a
legislature A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with th ...
, an [[executive (government)|executive, and a
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes and interprets, defends, and applies the law in legal cases. ...

judiciary
. Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as "aristocracy"). He based this model on the [[Constitution of the Roman Republic and the [[Constitution of the United Kingdom|British constitutional system. Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law. Montesquieu argues that each Power should only exercise its own functions. He was quite explicit here: Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries with it the power to revoke. Montesquieu actually specified that the independence of the judiciary has to be real, and not merely apparent.Stephen Holmes, "Lineages of the Rule of Law", in Adam Przeworski & José María Maravall, eds., ''Democracy & the Rule of Law'', Cambridge Studies in the Theory of Democracy Series, № 5 (Cambridge University Press, 2003), pp. 19–61 at 26, . The judiciary was generally seen as the most important of the three powers, independent and unchecked.Przeworski 2003, p.13


Checks and balances

The principle of checks and balances is that each branch has power to limit or check the other two, which creates a balance between the three separate branches of the state. This principle induces one branch to prevent either of the other branches from becoming supreme, thereby securing [[political liberty. [[Immanuel Kant was an advocate of this, noting that "the problem of setting up a state can be solved even by a nation of devils" so long as they possess an appropriate constitution to pit opposing factions against each other. Checks and balances are designed to maintain the system of separation of powers keeping each branch in its place. The idea is that it is not enough to separate the powers and guarantee their independence but the branches need to have the constitutional means to defend their own legitimate powers from the encroachments of the other branches. They guarantee that the branches have the same level of power (co-equal), that is, are balanced, so that they can limit each other, avoiding the abuse of power. The origin of checks and balances, like separation of powers itself, is specifically credited to [[Charles de Secondat, Baron de Montesquieu|Montesquieu in the Enlightenment (in [[The Spirit of the Laws, 1748). Under this influence it was implemented in 1787 in the [[Constitution of the United States. The following example of the separation of powers and their mutual checks and balances from the experience of the [[United States Constitution is presented as illustrative of the general principles applied in [[presidential system|similar forms of government as well:


Comparison between tripartite and bipartite national systems

[[Constitutions with a high degree of separation of powers are found worldwide. A number of [[Latin American countries have [[electoral branches of government. The [[Westminster system is distinguished by a particular entwining of powers, such as in [[Politics of New Zealand|New Zealand and [[Politics of Canada|Canada. Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government. New Zealand's [[Constitution of New Zealand|constitution is based on the principle of separation of powers through a series of constitutional safeguards, many of which are tacit. The Executive's ability to carry out decisions often depends on the Legislature, which is elected under the [[mixed-member proportional representation|mixed member proportional system. This means the government is rarely a single party but a coalition of parties. The Judiciary is also free of government interference. If a series of judicial decisions result in an interpretation of the law which the Executive considers does not reflect the intention of the policy, the Executive can initiate changes to the legislation in question through the Legislature. The Executive cannot direct or request a judicial officer to revise or reconsider a decision; decisions are final. Should there be a dispute between the Executive and Judiciary, the Executive has no authority to direct the Judiciary, or its individual members and vice versa. Complete separation of powers systems are almost always [[Presidential system|presidential, although theoretically this need not be the case. There are a few historical exceptions, such as the [[French Directory|Directoire system of revolutionary France. [[Swiss politics|Switzerland offers an example of non-Presidential separation of powers today: It is run by a seven-member executive branch, the [[Swiss Federal Council|Federal Council. However, some might argue that Switzerland does not have a strong separation of powers system as the Federal Council is appointed by parliament (but not dependent on parliament) and, although the judiciary has no power of review, the judiciary is still separate from the other branches.


Typical branches

*
executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, a senior management role in an organization ** Chief exec ...
* [[legislature|legislative * [[judiciary|judicial


Additional branches

*[[Supreme audit institution|auditory * [[election commission|electoral – in which election commissions, tribunals or courts are maintained separately from other branches * [[Attorney general|prosecutory * [[civil service commission


Three branches


Australia

[[Australia does not maintain a strict separation between the legislative and executive branches of government—indeed, government ministers are required to be members of parliament—but the federal judiciary strictly guards its independence from the other two branches. However, under influence from the U.S. constitution, the Australian constitution does define the three branches of government separately, which has been interpreted by the judiciary to induce an implicit separation of powers. State governments have a similar level of separation of power but this is generally on the basis of convention, rather than constitution.


Austria

The [[Constitution of Austria was originally written by [[Hans Kelsen, a prominent constitutional scholar in Europe at that time. Kelsen was to serve as a part of the judicial court of review for Austria as part of its tripartite government.


Czech Republic

The Constitution of the Czech Republic, adopted in 1992 immediately before the [[dissolution of Czechoslovakia, establishes the traditional tripartite division of powers and continues the tradition of its predecessor constitutions. The [[Czechoslovak Constitution of 1920, which replaced the provisional constitution adopted by the newly independent state in 1918, was modelled after the constitutions of established [[democracy|democracies such as those of the [[United Kingdom, [[United States and [[France, and maintained this division, as have subsequent changes to the constitution that followed in 1948 with the [[Ninth-of-May Constitution, the [[1960 Constitution of Czechoslovakia as well as the [[Constitutional Act on the Czechoslovak Federation of 1968.


Denmark

* [[Folketing|Parliament – legislature * [[Prime Minister of Denmark|Prime Minister, [[Cabinet of Denmark|Cabinet, Government Departments and Civil Service – executive * [[Courts of Denmark|High Courts and lower courts – judiciary


France

According to the [[Constitution of the Fifth Republic, the government of France is divided into three branches: * Executive. This includes the popularly elected [[President of France|president as well as the [[Prime minister of france|prime minister and cabinet. The French Prime minister is nominated by the president, but the government is responsible to the lower house of the legislature, the [[National Assembly of France|National Assembly. * [[Parliament of France|Legislature. A bicameral legislature that includes the [[French Senate|Senate (upper house) and the [[National Assembly of France|National Assembly (lower house). The relationship between the two houses is asymmetric, meaning that in case of dispute, the National Assembly has the final word according to Article 45 of the Constitution. * [[Judiciary of France|Judiciary. This includes the judicial and administrative orders. It also includes a [[Constitutional Council of France|constitutional court.


Hong Kong

[[Hong Kong is a [[Special Administrative Region established in 1997 pursuant to the [[Sino-British Joint Declaration, an international treaty made between Britain and China in 1984, registered with the [[United Nations. The [[Hong Kong Basic Law, a national law of China that serves as the ''de facto'' constitution, divides the government into Executive, Legislative, and Judicial bodies. However, according to the former [[Secretary for Security, [[Regina Ip, also a current member of the [[Executive Council of Hong Kong|Executive Council(ExCo) and [[Legislative Council of Hong Kong, Hong Kong never practices Separation of Powers after the handover of Hong Kong back to China. Nevertheless, Hong Kong’s policy was decided by the Governor in Council before 1997, and it became the Chief Executive in Council afterwards. No matter when, some members of the Executive Council are also members of the Legislative Council. When the same person holds positions in the executive and legislative branches at the same time, the two powers are integrated rather than separated, and so it does not constitute a strict separation of powers, it is because checks and balances has been lost. This institutional practice existed long before 1997 during the British rule and has been followed ever since.


India

[[India follows [[constitutional democracy which offers a clear separation of powers. The judiciary is independent of the other two branches with the power to interpret the constitution. [[Parliament of India|Parliament has the legislative powers. Executive powers are vested in the [[President of India|President who is advised by the [[Union Council of Ministers headed by the [[Prime Minister of India|Prime Minister. The constitution of India vested the duty of protecting, preserving and defending the constitution with the President as common head of the executive, parliament, armed forces, etc.—not only for the [[Government of India|union government but also the various [[State governments of India|state governments in a [[Federalism in India|federal structure. All three branches have "checks and balances" over each other to maintain the balance of power and not to exceed the constitutional limits. * President can [[President of India#President versus Prime minister|set aside a law passed by the legislative or an advise given by the [[Union Council of Ministers when it is inconsistent with the constitution of India. * Even if the president accepts a law passed duly by the legislative, it can be [[President of India#President versus Chief Justice|repealed by the Supreme Court after a fair trial if it is against the [[Basic structure doctrine|Basic structure of the constitution. Any citizen of India can [[Fundamental rights in India#Right to constitutional remedies|approach the Supreme Court directly to repeal the unconstitutional laws made by the legislative or executive. * President can be removed from office for unconstitutional decisions after an [[impeachment trial conducted by the parliament. * President can be removed by [[Supreme Court of India under article 71(1) for electoral malpractice or on the grounds of losing eligibility for the position. * Parliament can impeach judges of Supreme Court and High Courts of states for their incompetence and ''[[mala fides''. A higher bench of judges can set aside the incorrect judgements of a smaller bench of judges to uphold the constitution.


Iran

* Government – Executive * The legislature of Islamic Republic of Iran – Legislative * Judicial system – Judicial


Ireland

* Oireachtas – legislature * Taoiseach, Cabinet, Government Departments – executive * High Court and lower courts – judiciary


Italy

In [[Politics of Italy|Italy the powers are separated, even though the Council of Ministers needs a [[vote of confidence from both chambers of Parliament (which represents a large number of members, almost 1,000). Like every parliamentary form of government, there is no complete separation between Legislature and Executive, rather a ''continuum'' between them due to the confidence link. The balance between these two branches is protected by Constitution and between them and the judiciary, which is really independent.


Malaysia

* Parliament – legislature * Prime Minister, Cabinet, Government Departments and Civil Service – executive * Federal Courts and lower courts – judiciary


Netherlands

* [[States General of the Netherlands|States General * Government - executive * [[Supreme Court of the Netherlands|Supreme Court


Nepal

* Legislative Parliament – Legislature * Prime Minister, Cabinet of Minister and Government Departments – Executive * Supreme Court – Judiciary


Norway

* [[Storting|Parliament – legislature * The King, [[Prime Minister of Norway|Prime Minister, [[Council of State (Norway)|Cabinet of Norway, Government Departments and Civil Service – executive * The Supreme Court, [[Courts of Norway|High Courts and lower courts – judiciary A note on the status of separation of power, checks and balances, and [[Balance of power (parliament)|balance of power in Norway today. In the original constitution of 1814 the Montesquieu concept was enshrined, and the people at the time had the same skepticism about political parties as the American founding fathers and the revolutionaries in France. Nor did people really want to get rid of the king and the Council of State (privy council). King and council was a known concept that people had lived with for a long time and for the most part were comfortable with. The 1814 constitution came about as a reaction to external events, most notable the [[Treaty of Kiel (see [[1814 in Norway). There was no revolution against the current powers, as had been the case in the U.S. and France. As there was no election of the executive, the king reigned supremely independent in selecting the members of the Council of State, no formal political parties formed until the 1880s. A conflict between the executive and legislature started developing in the 1870s and climaxed with the legislature impeaching the entire Council of State in 1884 (see [[:no:Statsrådssaken|Statsrådssaken [Norwegian Wikipedia page]). With this came a switch to a [[parliamentary system of government. While the full process took decades, it has led to a system of [[parliamentary sovereignty, where the Montesquieu idea of separation of powers is technically dead even though the three branches remain important institutions. This ''does not'' mean that there are no checks and balances. With the introduction of a parliamentary system, political parties started to form quickly, which led to a call for electoral reform that saw the introduction of [[Party-list proportional representation in 1918. The peculiarities of the Norwegian election system generate 6–8 parties and make it extremely difficult for a single party to gain an absolute majority. It has only occurred for a brief period in the aftermath of World War II where the [[Labour Party (Norway)|Labour Party had an absolute majority. A [[multi-party system parliament that must either form a minority executive or a coalition executive functions as a perfectly good system of checks and balances even if it was never a stated goal for the introduction of multiparty system. The multiparty system came about in response to a public outcry of having too few parties and a general feeling of a lack of representation. For this reason, very little on the topic of separation of powers or checks and balances can be found in the works of Norwegian political sciences today.


Pakistan

* [[Parliament of Pakistan|Parliament – [[Legislative * [[Prime Minister of Pakistan|Prime Minister and their [[Cabinet of Pakistan|Cabinet – [[Executive (government)|Executive * [[Supreme Court of Pakistan|Supreme Court and [[Judiciary of Pakistan|lower courts – [[Judicial


Philippines

* [[Congress of the Philippines|Congress – Legislative * [[President of the Philippines|President – Executive * [[Supreme Court of the Philippines|Supreme Court and other courts – Judiciary In addition, the constitution has three constitutional commissions: * [[Civil Service Commission (Philippines)|Civil Service Commission * [[Commission on Audit (Philippines)|Commission on Audit * [[Commission on Elections (Philippines)|Commission on Elections


Turkey

* [[Grand National Assembly of Turkey|Parliament – legislature * [[President of Turkey|President, [[Cabinet of Turkey|Council of Ministers and Government Departments – executive * [[Judicial system of Turkey|High Courts and lower courts – judiciary


United Kingdom

* Parliament – legislature * Prime Minister, Cabinet, Government Departments and Civil Service – executive * Courts – judiciary The development of the British constitution, which is not a [[Codification (law)|codified document, is based on fusion in the person of the Monarch, who has a formal role to play in the legislature (Parliament, which is where legal and political sovereignty lies, is the Crown-in-Parliament, and is summoned and dissolved by the Sovereign who must give his or her Royal Assent to all Bills so that they become Acts), the executive (the Sovereign appoints all ministers of His/Her Majesty's Government, who govern in the name of the Crown) and the judiciary (the Sovereign, as the fount of justice, appoints all senior judges, and all public prosecutions are brought in his or her name). Although the [[doctrine of separation of power plays a role in the United Kingdom's constitutional life, the constitution is often described as having "a weak separation of powers" ([[A. V. Dicey) despite it being the one to which Montesquieu originally referred. For example, the executive forms a subset of the legislature, as did—to a lesser extent—the judiciary until the establishment of the [[Supreme Court of the United Kingdom. The Prime Minister, the Chief Executive, sits as a member of the [[Parliament of the United Kingdom, either as a peer in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Members of the House of Lords are dr ...

House of Lords
or as an elected member of the [[British House of Commons|House of Commons (by convention, and as a result of the supremacy of the Lower House, the Prime Minister now sits in the [[British House of Commons|House of Commons). Furthermore, while the courts in the United Kingdom are amongst the most independent in the world, the [[Law Lords, who were the final arbiters of most judicial disputes in the U.K. sat simultaneously in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Members of the House of Lords are dr ...

House of Lords
, the upper house of the legislature, although this arrangement ceased in 2009 when the [[Supreme Court of the United Kingdom came into existence. Furthermore, because of the existence of Parliamentary sovereignty, while the theory of separation of powers may be studied there, a system such as that of the U.K. is more accurately described as a "
fusion of powers Fusion of powers is a feature of some parliamentary forms of government where the executive and legislative branches of government are intermingled. It is contrasted with the separation of powers found in presidential and semi-presidential forms of ...
". Until 2005, the [[Lord Chancellor fused in his person the Legislature, Executive and Judiciary, as he was the ex officio [[Lord Speaker|Speaker of the House of Lords, a Government Minister who sat in [[Cabinet of the United Kingdom|Cabinet and was head of the [[Lord Chancellor's Department, which administered the courts, the justice system and appointed judges, and was the head of the Judiciary in England and Wales and sat as a judge on the [[Judicial Committee of the House of Lords, the highest domestic court in the entire United Kingdom, and the [[Judicial Committee of the Privy Council, the senior tribunal court for parts of the Commonwealth. The [[Lord Chancellor also had certain other judicial positions, including being a judge in the Court of Appeal and President of the Chancery Division. The [[Lord Chancellor combines other aspects of the constitution, including having certain ecclesiastical functions of the [[Church of England|established state church, making certain church appointments, nominations and sitting as one of the thirty-three Church Commissioners. These functions remain intact and unaffected by the [[Constitutional Reform Act 2005|Constitutional Reform Act. In 2005, the [[Constitutional Reform Act 2005|Constitutional Reform Act separated the powers with Legislative functions going to an elected [[Lord Speaker and the Judicial functions going to the [[Lord Chief Justice of England and Wales|Lord Chief Justice. The [[Lord Chancellor's Department was replaced with a [[Ministry of Justice and the [[Lord Chancellor currently serves in the position of [[Secretary of State for Justice. The judiciary has no power to strike down primary legislation, and can only rule on secondary legislation that it is invalid with regard to the primary legislation if necessary. Under the concept of [[parliamentary sovereignty, [[Lords Spiritual and Temporal and Commons|Parliament can enact any primary legislation it chooses. However, the concept immediately becomes problematic when the question is asked, "If parliament can do anything, can it bind its successors?" It is generally held that parliament can do no such thing. Equally, while statute takes precedence over precedent-derived common law and the judiciary has no power to strike down primary legislation, there are certain cases where the supreme judicature has effected an injunction against the application of an act or reliance on its authority by the civil service. The seminal example of this is the [[Factortame litigation|Factortame case, where the House of Lords granted such an injunction preventing the operation of the ''Merchant Shipping Act 1988'' until litigation in the European Court of Justice had been resolved. The House of Lords ruling in Factortame (No. 1), approving the European Court of Justice formulation that "a national court which, in a case before it concerning Community law, considers that the sole obstacle which precludes it from granting interim relief is a rule of national law, must disapply that rule", has created an implicit tiering of legislative reviewability; the only way for parliament to prevent the supreme judicature from injunctively striking out a law on the basis of incompatibility with Community law is to pass an act specifically removing that power from the court, or by repealing the ''European Communities Act 1972''. The British legal systems are based on [[common law traditions, which require: * [[Police or [[Regulatory agency|regulators cannot initiate complaints under [[criminal law but can only investigate (prosecution is mostly reserved for the [[Crown Prosecution Service), which prevents [[selective enforcement—e.g., the "[[fishing expedition," which is often specifically forbidden. * [[Prosecutors cannot withhold evidence from [[Lawyer|counsel for the [[defendant; to do so results in [[Mistrials|mistrial or dismissal. Accordingly, their relation to police is no advantage. * [[Defendants convicted can [[appeal (law)|appeal, but only fresh and compelling evidence not available at trial can be introduced, restricting the power of the [[court of appeal to the process of law applied.


United States

Separation of powers was first established in the [[United States Constitution, wherein the founding fathers included features of many new concepts, including hard-learned historical lessons about the checks and balances of power. Similar concepts were also prominent in the state governments of the United States. As colonies of Great Britain, the founding fathers considered that the American states had suffered an abuse of the broad power of parliamentarism and monarchy. As a remedy, the United States Constitution limits the powers of the federal government through various means—in particular, the three branches of the federal government are divided by exercising different functions. The executive and legislative powers are separated in origin by separate elections, and the judiciary is kept independent. Each branch controls the actions of others and balances its powers in some way. In the Constitution, Article 1 Section I grants Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that "The Executive Power shall be vested in a President of the United States of America." The Supreme Court holds "The judicial Power" according to Article III, and [[judicial review was established in ''[[Marbury v. Madison'' under the Marshall court. The presidential system adopted by the Constitution of the United States obeys the balance of powers sought, and not found, by the constitutional monarchy. The people appoint their representatives to meet periodically in a legislative body, and, since they do not have a king, the people themselves elect a preeminent citizen to perform, also periodically, the executive functions of the State. The direct election of the head of state or of the executive power is an inevitable consequence of the political freedom of the people, understood as the capacity to appoint and depose their leaders. Only this separate election of the person who has to fulfill the functions that the Constitution attributes to the president, so different by its nature and by its function from the election of representatives of the electors, allows the executive power to be controlled by the legislative and submitted to the demands of political responsibility. [[Judicial independence is maintained by appointments for life, which remove any dependence on the Executive, with voluntary retirement and a high threshold for dismissal by the Legislature, in addition to a salary that cannot be diminished during their service. The [[Federal government of the United States|federal government refers to the branches as "branches of government", while some systems use "government" exclusively to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander-in-Chief of a standing army since the [[American Civil War, [[executive orders, emergency powers, security classifications since [[World War II, national security, signing statements, and the scope of the [[Unitary executive theory|unitary executive.


Other systems


Belgium

[[Belgium is currently a federated state that has imposed the ' on different governmental levels. The constitution of 1831, considered one of the most liberal of its time for limiting the powers of its monarch and imposing a rigorous system of separation of powers, is based on three principles (represented in the [[Schematic overview of Belgian institutions). ' (horizontal separation of powers): * The legislative power is attributed to a parliamentary body elected with through a representative general election system (one person, one vote). * The executive power is attributed to the Council of Ministers. Ministers are formally appointed by the King though in practice the [[prime minister decides the composition of his cabinet. The ministers are usually from the elected members of parliament (although non-elected people can also be nominated); however, they must first resign from their elected seat. * The judicial power is in the hands of the courts. Magistrates are nominated by the minister on proposal from a Council of the Magistrates. ** Magistrates can be nominated to become a judge (sitting magistrates) or instructing judge (investigating judge) of Procureur (public prosecutor) (the standing magistrates). ** The executive branch of the government is responsible for providing the physical means to execute its role (infrastructure, staff, financial means). ** Judges and some other people cannot run for elected office while they are nominated to certain positions (military, police-officers, clergy, notaries, bailiffs). [[Subsidiarity (vertical separation of powers): * Supranational directives (EU legislation) and international treaties are subjected to approval of the federal level (the federal level being Belgium the nation state) * The federal level comprises the following: ** A bicameral parliament (House of Representatives and Senate) (in 2014 this will be a directly elected house and an indirectly appointed Senate of the regions) ** A federal government (led by the Prime Minister, ministers and secretaries of state) *** Tasked with overseeing justice, defence, foreign affairs, social security, and public health ** High Court, Constitutional Court, Cassation Court and Council of State * The regional level comprises the following: ** A unicameral parliament ** A regional government led by the minister-president (ministers and secretaries of state) is tasked with regional matters * Provinces also have similar structures: ** A unicameral provincial council ** A nominated provincial governor assisted by deputies is tasked with provincial matters ** Appellate Court, Assizes Court * An intermediate level of Arrondissements subdivides the provinces ** it has only an executive level with arrondissemental commissars * City and communal entities (local government): ** A city or communal council ** A mayor, assisted by aldermen, is tasked with local matters ** Magistrates Court, Correctional Court (three judges) ** Justice of the peace and Police Court judges (single judge courts) Secularism (separation of state and religion): * The king, the head of state, holds no political authority and requires executive approval by a minister for every action and statement; he nominates the ministers but he does not choose them (his executive powers); he signs and decrees the laws voted in parliament (his legislative powers); * The head of state is commander in chief of the military (in title only), politically the military depends on the Minister of Defence and the chiefs of staff are responsible towards parliament and take their orders from the Minister of Defence and the government; * Certain functions are deemed incompatible and people must resign from their function if they want to assume responsibilities in another function (military commanders have never been government ministers, even during a war).


China


= Imperial China

= ; [[Three Lords and Nine Ministers (ancient) [[Three Ducal Ministers|Three Lords: # [[Grand chancellor (China)|Chancellor – executive leader # [[Yushi Dafu|Grandee Secretary ([[Censorate chief and also Deputy Chancellor) – supervisory leader # [[Grand Commandant – military leader [[Nine Ministers / [[Nine Courts, etc. ; [[Three Departments and Six Ministries (medieval) # [[Department of State Affairs – edict execution ## [[Ministry of Personnel ## [[Ministry of Revenue (imperial China)|Ministry of Revenue ## [[Ministry of Rites ## [[Ministry of War (imperial China)|Ministry of War ## [[Ministry of Justice (imperial China)|Ministry of Justice ## [[Ministry of Works (imperial China)|Ministry of Works # [[Zhongshu Sheng|Secretariat – edict formulation # [[Menxia Sheng|Chancellery – edict review * [[Censorate – supervision * [[Nine Courts, [[Five Directorates, etc. ; [[Ming dynasty|Ming and [[Qing dynasty|Qing dynasties * [[Emperor of China|Emperor, via [[Grand Council (Qing dynasty)|Grand Council or equivalent ** [[Grand Secretariat (cabinet) – edict formulation ** [[Three Departments and Six Ministries|Six Ministries – edict execution ** [[Censorate – supervision *** Reviewers of the – supervising the Six Ministries *** 13~20 Circuits [[investigating censors –supervising regional officials ** [[Nine Courts|Five Courts, etc. ; Judicial : # [[Ministry of Justice (imperial China)|Ministry of Justice – case judgement # [[Censorate – case supervision # [[Court of Judicature and Revision – case review ; Military * [[Emperor of China|Emperor ** [[Bureau of Military Affairs|Privy Council or equivalent ** [[Ministry of War (imperial China)|Ministry of War ** Commands (e.g., Three Commands of the [[Northern Song Dynasty|Northern Song [[royal guard forces, and of the [[Ming dynasty|Ming armies)


= Republic of China

= According to [[Sun Yat-sen's idea of "[[Five-Power Constitution|separation of the five powers", the government of the Republic of China has five branches: * [[Executive Yuan – led by the [[Premier of the Republic of China|premier but in actuality it is the [[President of the Republic of China|president who sets policy – executive * [[Legislative Yuan – [[unicameral – legislature * [[Judicial Yuan – its Constitutional Court (highest) and [[Supreme Court of the Republic of China|Supreme Court have different jurisdictions – judiciary * [[Control Yuan – audit branch * [[Examination Yuan – civil service personnel management and human resources The [[President of the Republic of China|president and [[Vice President of the Republic of China|vice president as well as the defunct [[National Assembly of the Republic of China|National Assembly are constitutionally not part of the above five branches. Before being abolished in 2005, the National Assembly was a standing [[constituent assembly and [[electoral college for the president and vice president. Its constitutional amending powers were passed to the legislative yuan and its electoral powers were passed to the electorate. The relationship between the executive and legislative branches are poorly defined. An example of the problems this causes is the near complete political paralysis that results when the president, who has neither the power to veto nor the ability to dissolve the legislature and call new elections, cannot negotiate with the legislature when his party is in the minority. The examination and control yuans are marginal branches; their leaders as well as the leaders of the executive and judicial yuans are appointed by the president and confirmed by the legislative yuan. The legislature is the only branch that chooses its own leadership. The vice president has practically no responsibilities.


= People's Republic of China

= The central government of the People's Republic of China is divided among several state organs: # [[National People's Congress (NPC): the ultimate power of the state that makes the constitution and basic laws, and supervises and elects all following organs; # [[Standing Committee of the National People's Congress (NPCSC): the permanent legislative organ that makes most laws, interprets the constitution and laws, conducts [[constitutional review, and supervises all following organs; # [[President of the People's Republic of China|President: acts as a ceremonial [[head of state in compliance with decisions made by the NPCSC but exercises an independent power to nominate the Premier of the State Council; # [[State Council of the People's Republic of China|State Council (synonymous with "Central People's Government"): the executive branch, whose [[Premier of the People's Republic of China|Premier is the [[head of government; # [[Central Military Commission (China)|Central Military Commission (CMC): the military branch, whose [[Chairman of the Central Military Commission (China)|Chairman is the [[commander-in-chief of the national armed forces including the [[People's Liberation Army (PLA), the [[People's Armed Police (PAP), and the [[Militia (China)|Militia; # [[National Supervisory Commission (NSC): the supervisory branch; # [[Supreme People's Court (SPC): the judicial branch; # [[Supreme People's Procuratorate (SPP): the prosecutorial branch.


Costa Rica

In the aftermath of the [[Costa Rican Civil War|43-day civil war in 1948 (after former [[President of Costa Rica|President and incumbent candidate [[Rafael Ángel Calderón Guardia tried to take power through [[Voter fraud|fraud, by not recognising the results of the [[1948 Costa Rican general election|presidential election that he had lost), the question of which transformational model the Costa Rican State would follow was the main issue that confronted the victors. A [[Constituent Assembly of Costa Rica|Constituent Assembly was elected by popular vote to draw up a new constitution, [[Costa Rican Constitution|enacted in 1949, and remains in force. This document was an edit of the [[Costa Rican Constitution of 1871|constitution of 1871, as the constituent assembly rejected more radical corporatist ideas proposed by the ruling [[Junta Fundadora de la Segunda República (which, although having come to power by military force, abolished the armed forces). Nonetheless, the new constitution increased centralization of power at the expense of municipalities and eliminated provincial government altogether, and at the time it increased the powers of congress and the judiciary. It established the three supreme powers as the legislative, executive, and judicial branches, but also created two other autonomous state organs that have equivalent power, but not equivalent rank. The first is the [[Tribunal Supremo de Elecciones de Costa Rica (electoral branch), which controls elections and makes unique, unappealable decisions on their outcomes. The second is the office of the [[Comptroller|Comptroller General (audit branch), an autonomous and independent organ nominally subordinate to the unicameral legislative assembly. All budgets of ministries and municipalities must pass through this agency, including the execution of budget items such as contracting for routine operations. The Comptroller also provides financial vigilance over government offices and office holders, and routinely brings actions to remove mayors for malfeasance, firmly establishing this organization as the fifth branch of the Republic.


European Union

The [[European Union is a supranational polity, and is neither a country nor a federation; but as the EU wields political power it complies with the principle of separation of powers. There are seven [[institutions of the European Union. In intergovernmental matters, most power is concentrated in the [[Council of the European Union—giving it the characteristics of a normal [[international organization. Here, all power at the EU level is in one branch. In the latter there are four main actors. The [[European Commission acts as an independent executive which is appointed by the Council in conjunction with the European Parliament; but the Commission also has a legislative role as the sole initiator of EU legislation. An early maxim was: "The Commission proposes and the Council disposes"; and although the EU's lawmaking procedure is now much more complicated, this simple maxim still holds some truth. As well as both executive and legislative functions, the Commission arguably exercises a third, quasi-judicial, function under Articles 101 & 102 TFEU (competition law ); although the ECJ remains the final arbiter. The [[European Parliament is one half of the legislative branch and is directly elected. The Council itself acts both as the second half of the legislative branch and also holds some executive functions (some of which are exercised by the related [[European Council in practice). The [[European Court of Justice acts as the independent judicial branch, interpreting EU law and treaties. The remaining institution, the [[European Court of Auditors, is an independent audit authority (due to the sensitive nature of fraud in the EU). * [[Council of the European Union – executive and legislative * [[European Commission – executive, legislative and quasi-judicial * [[European Council – executive * [[European Court of Auditors – audit * [[Court of Justice of the European Union and the [[General Court (European Union)|General Court – judicial * [[European Parliament – legislative


Germany

The three branches in German government are further divided into six main bodies enshrined in the [[Basic Law for the Federal Republic of Germany: * Federal President (''[[President of Germany|Bundespräsident'') – formally executive, but mainly ''representative'' in daily politics * Federal Cabinet (''[[Bundesregierung'') – executive * Federal Diet (''[[Bundestag'') & Federal Council (''[[Bundesrat of Germany|Bundesrat'') – bicameral legislative * Federal Assembly (''[[Bundesversammlung (Germany)|Bundesversammlung'') – presidential electoral college (consisting of the members of the Bundestag and electors from the [[States of Germany|constituent states) * Federal Constitutional Court (''[[Bundesverfassungsgericht'') – judiciary Besides the constitutional court, the judicial branch at the federal level is made up of five supreme courts—one for civil and criminal cases (''Bundesgerichtshof''), and one each for administrative, tax, labour, and social security issues. There are also state-based (''[[States of Germany|Länder / Bundesländer'') courts beneath them, and a rarely used [[Joint Senate of the Supreme Courts of Germany|senate of the supreme courts.


Hungary

The four independent branches of power in Hungary (the parliament, the government, the court system, and the office of the public accuser) are divided into six bodies: * [[National Assembly (Hungary)|Parliament (Magyar Országgyűlés): elected every 4 years by the people in a highly complex, one-round voting system * [[Government of Hungary|Government (Magyar Kormány): installed and removed by simple majority vote of the parliament, 4-year terms * [[Supreme Court of Hungary|Supreme Court (Legfelsőbb Bíróság): Chief justice elected by qualified (2/3) majority of the parliament, no government oversight * [[Constitutional Court of Hungary|Constitutional court (Alkotmánybíróság): members elected by qualified majority of the parliament for 8 years, this body nullifies laws and has no government oversight * [[Chief Prosecutor of Hungary|Chief public accuser (Legfőbb ügyész): elected by qualified majority of the parliament, 6-year terms, office budget fixed, no government oversight * [[List of heads of state of Hungary|The President of the Republic (Köztársasági Elnök) is elected by qualified majority of the Hungarian parliament for 5-year terms (cannot be reelected more than once). The President's task is to oversee the functioning of the democracy. Most of his/her powers are ceremonial only: like signing laws into power and commanding the military in time of peace. But before signing, he/she can also return accepted bills once with advices to the Parliament for reconsideration; he/she can also request nullification in advance from the Constitutional Court. He can negotiate with civil/professional unions regarding the bills. Without the President's permission, the country can neither declare war nor deploy the armed forces. The independent pillar status of the Hungarian public accuser's office is a unique construction, loosely modelled on the system Portugal introduced after the 1974 victory of the [[Carnation Revolution. The public accuser (attorney general) body has become the fourth column of Hungarian democracy only in recent times: after communism fell in 1989, the office was made independent by a new clause (XI) of the Constitution. The change was meant to prevent abuse of state power, especially with regards to the use of false accusations against opposition politicians, who may be excluded from elections if locked in protracted or excessively severe court cases. To prevent the Hungarian accuser's office from neglecting its duties, natural human private persons can submit investigation requests, called "pótmagánvád," directly to the courts if the accusers' office refuses to. Courts will decide if the allegations have merit and order police to act in lieu of the accuser's office if warranted. In its decision No. 42/2005, the Hungarian constitutional court declared that the government does not enjoy such privilege and the state is powerless to further pursue cases if the public accuser refuses to do so.


Historical

Notable examples of states after Montesquieu that had more than three powers include: * Quadripartite Systems: ** The [[Empire of Brazil (1822–1889) had, in addition to the three traditional powers, the moderating power, which was exercised solely by the Emperor,Keith S. Rosenn
Separation of Powers in Brazil
47 Duq. L. Rev. 839 (2009).
and whose function was resolving conflicts between the other powers.


See also

* [[Arm's length principle * [[Constitutional economics * [[Constitutionalism * [[Corruption Perceptions Index * [[Fourth Estate * [[Fifth power * [[Fusion of powers * [[Judicial activism * [[Judicial independence * [[Legal reform * [[Philosophy of law * [[Pith and substance * [[Consociationalism|Power sharing * [[Reserve power * [[Rule of Law * [[Rule according to higher law * [[Separation of church and state * [[Separation of duties * [[Signing statement


Notes


References


Further reading

* Peter Barenboim,
Biblical Roots of Separation of Powers
', Moscow, Letny Sad, 2005. , Permalink
LC Catalog - Item Information (Full Record)
* Biancamaria Fontana (ed.),
The Invention of the Modern Republic
' (2007) * W. B. Gwyn, ''The Meaning of the Separation of Powers'' (1965) (no ISBN) * Bernard Manin,
Principles of Representative Government
' (1995; English version 1997) (hbk), (pbk) * José María Maravall and [[Adam Przeworski (eds),
Democracy and the Rule of Law
' (2003) (hbk), (pbk) * Paul A. Rahe

(2009) (hbk), (pbk) * Iain Stewart
"Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'the Rule of Law'"
4 ''Macquarie Law Journal'' 187 (2004) * Iain Stewart
"Montesquieu in England: his 'Notes on England', with Commentary and Translation"
(2002) * [[Alec Stone Sweet,
Governing with Judges: Constitutional Politics in Europe
' (2000) * Reinhold Zippelius, ''Allgemeine Staatslehre/Politikwissenschaft (= Political Science)'', 16th edition, § 31, C.H. Beck, Munich, 2010, *Evan C. Zoldan,
Is the Federal Judiciary Independent of Congress?
', 70 Stan. L. Rev. Online 135 (2018).


External links





{{DEFAULTSORT:Separation of Powers [[Category:Separation of powers| [[Category:Constitutional law [[Category:Philosophy of law [[Category:Political science terminology