Human, All Too Human: Human Fallibility and the Separation of Powers

Jonathan Crowe, 'Human, All Too Human: Human Fallibility and the Separation of Powers' in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contemporary Challenges, Future Directions (Federation Press, 2016)

12 Pages Posted: 22 Dec 2017

See all articles by Jonathan Crowe

Jonathan Crowe

University of Southern Queensland - School of Law and Justice

Date Written: December 19, 2017

Abstract

Humans are fallible — and this fallibility is the hardest thing for us to grasp. It is for this reason that the separation of powers — the importance of which ultimately rests on the flawed character of human reason — is continually under threat. This chapter examines the various facets of human fallibility that explain the importance of the separation of powers. It distinguishes epistemological, psychological, ethical and moral forms of fallibility and examines how each of these human failings affects government decisions. The chapter then explores how the modern tripartite separation of powers restrains human fallibility through both substantive and procedural mechanisms. It concludes with a reflection on the vulnerability of the separation of powers in modern administrative democracies and a plea for the importance of humility in public life. The separation of powers is integral to modern governance — but we can never take it for granted, because the very reasons that make it important also explain why government officials fail to honour it.

Keywords: Human fallibility, separation of powers, rule of law

Suggested Citation

Crowe, Jonathan, Human, All Too Human: Human Fallibility and the Separation of Powers (December 19, 2017). Jonathan Crowe, 'Human, All Too Human: Human Fallibility and the Separation of Powers' in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contemporary Challenges, Future Directions (Federation Press, 2016), Available at SSRN: https://ssrn.com/abstract=3090543

Jonathan Crowe (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

HOME PAGE: http://jonathancrowe.org/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
144
Abstract Views
883
Rank
363,129
PlumX Metrics