Separation of Powers

Elgar Encyclopedia of Comparative Law (3rd ed) (2023)

8 Pages Posted: 13 Apr 2023 Last revised: 17 Apr 2023

Date Written: January 26, 2023

Abstract

The separation of powers is a normative concept at the centre of democratic constitutionalism which focuses on the correct constitutional organization of the state. This entry will describe how this concept has combined normative ideas about the importance of institutional balance and divided state functions into four well-known constitutional forms. It will then examine three current debates that focus on the concept’s central ideas of form, balance and function. A critical theme throughout is that the separation of powers remains a dynamic concept that involves arguments about the best way to use constitutional balance, function and form to achieve better types of democratic politics.

Suggested Citation

Partlett, William, Separation of Powers (January 26, 2023). Elgar Encyclopedia of Comparative Law (3rd ed) (2023), Available at SSRN: https://ssrn.com/abstract=4339095

William Partlett (Contact Author)

Melbourne Law School ( email )

185 Pelham St
Carlton VIC
Melbourne
Australia
+61 3 8344 8740 (Phone)

HOME PAGE: http://law.unimelb.edu.au/about/staff/william-partlett

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