Conflict Over 'Montesquieu's Doctrine' on Separation of Powers

14 Pages Posted: 14 Jun 2015 Last revised: 31 Oct 2016

See all articles by Danny Gittings

Danny Gittings

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education; The University of Hong Kong, Faculty of Law

Date Written: June 10, 2015

Abstract

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

Suggested Citation

Gittings, Danny, Conflict Over 'Montesquieu's Doctrine' on Separation of Powers (June 10, 2015). Available at SSRN: https://ssrn.com/abstract=2617094 or http://dx.doi.org/10.2139/ssrn.2617094

Danny Gittings (Contact Author)

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education ( email )

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Hong Kong

HOME PAGE: http://hkuspace.hku.hk/about-us/people/chl

The University of Hong Kong, Faculty of Law ( email )

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Hong Kong
Hong Kong

HOME PAGE: http://hub.hku.hk/cris/rp/rp01854

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