PPT: Separation of Powers | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


SEPARATION OF 
POWERS
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SEPARATION OF 
POWERS
Page 3


SEPARATION OF 
POWERS
Origins and Definition
? Separation of Powers is a system of governance in which the executive, judicial, and 
legislative functions are divided, with each acting as a check on the other. Doing so 
balances the distribution of power in a governing body, thereby preventing tyrannical 
rule (in theory). Furthermore, some powers are shared amongst the three branches. By 
sharing powers, it creates a system of checks and balances that limit the ability of any 
one branch to act unilaterally.
? “The Federalists argued that the rights and welfare of all are protected by the 
complicated system of representation, separation of powers, checks and balances, and 
federalism that the Constitution created” (WTP 102).
? The philosophical concept finds its roots in Ancient Greece, namely in Aristotle’s Politics, 
as well as in the makeup of the Roman Republic, which was divided into the Senate, 
Consuls, and Assemblies. 
? In The Spirit of the Laws, Montesquieu described a tripartite system of governance that 
was modeled on those of the Roman Republic and the British Constitutional system. 
? James Madison writes about the importance of Separation of Powers in Federalist #47-
51.
Page 4


SEPARATION OF 
POWERS
Origins and Definition
? Separation of Powers is a system of governance in which the executive, judicial, and 
legislative functions are divided, with each acting as a check on the other. Doing so 
balances the distribution of power in a governing body, thereby preventing tyrannical 
rule (in theory). Furthermore, some powers are shared amongst the three branches. By 
sharing powers, it creates a system of checks and balances that limit the ability of any 
one branch to act unilaterally.
? “The Federalists argued that the rights and welfare of all are protected by the 
complicated system of representation, separation of powers, checks and balances, and 
federalism that the Constitution created” (WTP 102).
? The philosophical concept finds its roots in Ancient Greece, namely in Aristotle’s Politics, 
as well as in the makeup of the Roman Republic, which was divided into the Senate, 
Consuls, and Assemblies. 
? In The Spirit of the Laws, Montesquieu described a tripartite system of governance that 
was modeled on those of the Roman Republic and the British Constitutional system. 
? James Madison writes about the importance of Separation of Powers in Federalist #47-
51.
Page 5


SEPARATION OF 
POWERS
Origins and Definition
? Separation of Powers is a system of governance in which the executive, judicial, and 
legislative functions are divided, with each acting as a check on the other. Doing so 
balances the distribution of power in a governing body, thereby preventing tyrannical 
rule (in theory). Furthermore, some powers are shared amongst the three branches. By 
sharing powers, it creates a system of checks and balances that limit the ability of any 
one branch to act unilaterally.
? “The Federalists argued that the rights and welfare of all are protected by the 
complicated system of representation, separation of powers, checks and balances, and 
federalism that the Constitution created” (WTP 102).
? The philosophical concept finds its roots in Ancient Greece, namely in Aristotle’s Politics, 
as well as in the makeup of the Roman Republic, which was divided into the Senate, 
Consuls, and Assemblies. 
? In The Spirit of the Laws, Montesquieu described a tripartite system of governance that 
was modeled on those of the Roman Republic and the British Constitutional system. 
? James Madison writes about the importance of Separation of Powers in Federalist #47-
51.
Purpose
? The Founders were wary of any one 
individual or group of people having too 
much power. History had shown them that 
the concentration of power in the hands of 
a few led to a government that failed to 
account for the welfare of all. 
? By dividing the powers of government 
amongst the three branches, The 
Founders theorized that each branch 
would act as a “check” on the other two, 
and would allow for the interests of all to 
be heard. 
? Specifically, Separation of Powers and 
Checks and Balances protects the rights 
and interests of the minority, prevents 
tyrannical rule, and encourages 
compromise and collaboration between  
the three branches.