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.
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