Conflict Over 'Montesquieu's Doctrine' on Separation of Powers
14 Pages Posted: 14 Jun 2015 Last revised: 31 Oct 2016
Date Written: June 10, 2015
Many aspects of the classic separation of powers doctrine of a tripartite division between executive, legislature and judiciary, which is commonly attributed to Baron Montesquieu, have been the subject of sustained academic criticism in recent decades.
This article, which is part of the author’s PhD research into separation of powers in Hong Kong, reviews those criticisms as well as the quantitative analysis in this area.
It concludes that, even as criticism of the doctrine has become much sharper among some American scholars, there seem to be signs of a more sympathetic reappraisal in some quarters in the United Kingdom.
Keywords: Separation of Powers, Montesquieu, Hong Kong
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