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

 Page 1


UNIT I
UNIT II UNIT III UNIT IV UNIT V
Separation of Powers
Contents
I. Concept of Separation of Powers
II. Historical Background and Evolution of Montesquieu’s Doctrine of Separation of Powers
 A. Montesquieu’s Doctrine of Separation of Powers
 B. Basic Features of the Doctrine Separation of Powers as enunciated by Montesquieu
 C. Checks and Balances of Power
 D. Impact of the Doctrine
III. Evaluation of the Doctrine of Separation of Powers
 A. Key Benefits and Advantages of The Doctrine of Separation of Powers
 B. Defects of the Doctrine
IV . Separation of Powers in Practice
 A. Separation of Powers in Britain
 B. Separation of Powers in the United States of America
 C. Separation of Powers in India
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Define separation of powers
• Explain historical evolution of the Montesquieu’s doctrine of separation of powers
• Evaluate Montesquieu’s doctrine of separation of powers- it’s advantages, disadvantages, impact 
and defects
• Describe the concept of checks and balances of power
• Explain the relevance of Montesquieu’s doctrine in governance and comment on its limitations
• Analyse and compare the application of doctrine of separation of powers in UK, USA and India
I. Concept of Separation of Powers
For the preservation of the political liberty of the individuals and democracy, it becomes necessary 
in a state to establish special organs for the exercise of powers. The powers of the government are 
CHAPTER
3
Page 2


UNIT I
UNIT II UNIT III UNIT IV UNIT V
Separation of Powers
Contents
I. Concept of Separation of Powers
II. Historical Background and Evolution of Montesquieu’s Doctrine of Separation of Powers
 A. Montesquieu’s Doctrine of Separation of Powers
 B. Basic Features of the Doctrine Separation of Powers as enunciated by Montesquieu
 C. Checks and Balances of Power
 D. Impact of the Doctrine
III. Evaluation of the Doctrine of Separation of Powers
 A. Key Benefits and Advantages of The Doctrine of Separation of Powers
 B. Defects of the Doctrine
IV . Separation of Powers in Practice
 A. Separation of Powers in Britain
 B. Separation of Powers in the United States of America
 C. Separation of Powers in India
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Define separation of powers
• Explain historical evolution of the Montesquieu’s doctrine of separation of powers
• Evaluate Montesquieu’s doctrine of separation of powers- it’s advantages, disadvantages, impact 
and defects
• Describe the concept of checks and balances of power
• Explain the relevance of Montesquieu’s doctrine in governance and comment on its limitations
• Analyse and compare the application of doctrine of separation of powers in UK, USA and India
I. Concept of Separation of Powers
For the preservation of the political liberty of the individuals and democracy, it becomes necessary 
in a state to establish special organs for the exercise of powers. The powers of the government are 
CHAPTER
3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
divided between its organs in accordance with the nature of powers to be exercised. Broadly, the 
powers of a government in a state have been classified as the power to:
 i. Enact laws i.e., powers of the Legislature.
 ii. Interpret laws i.e. powers of the Judiciary.
 iii. Enforce laws i.e. powers of the Executive.
The theory of separation of powers in its simplest form implies that all the above functions should be 
entrusted to three different authorities. The three organs of the government should be kept separate 
and distinct. One organ should be independent of the control of others.
Each organ shall exercise its powers within its own sphere. This doctrine entails that each organ shall 
not encroach upon or interfere with the powers and independence of other organs of government. 
If any organ encroaches into the terrain of the other organ, it shall be checked by another organ of 
the government. Thus, no new organ is created over and above the existing organs of government, 
to check encroachment.
On the whole, separation of powers requires the existence of a written Constitution to define the 
formal powers of each organ. The powers shall be so defined and divided to create a system of 
checks and balances of powers among the organs. This view finds support from the writings of Carl 
J. Friedrich (1901-1984), a German-American political theorist.
In the words of Wade and Phillips (Constitutional Law, 1960), separation of powers may mean three 
different things:
i. The same persons should not form part of more than one of the three organs of the Government
ii. One organ of the government should not control or interfere with the exercise of its function by 
another organ
iii. One organ of the government should not exercise the functions of another
II. Historical Background and Evolution of Montesquieu’s  
 Doctrine of Separation of Powers
A. Montesquieu’s Doctrine of Separation of Powers
 The most original, systematic as well as scientific elaboration of the concept of ‘separation of 
powers’ has been given by the French philosopher Baron De Montesquieu (1689-1755) in 
the 18th century. Montesquieu’s theory on ‘separation of powers’ has become the model for 
governance of all democracies.
Page 3


UNIT I
UNIT II UNIT III UNIT IV UNIT V
Separation of Powers
Contents
I. Concept of Separation of Powers
II. Historical Background and Evolution of Montesquieu’s Doctrine of Separation of Powers
 A. Montesquieu’s Doctrine of Separation of Powers
 B. Basic Features of the Doctrine Separation of Powers as enunciated by Montesquieu
 C. Checks and Balances of Power
 D. Impact of the Doctrine
III. Evaluation of the Doctrine of Separation of Powers
 A. Key Benefits and Advantages of The Doctrine of Separation of Powers
 B. Defects of the Doctrine
IV . Separation of Powers in Practice
 A. Separation of Powers in Britain
 B. Separation of Powers in the United States of America
 C. Separation of Powers in India
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Define separation of powers
• Explain historical evolution of the Montesquieu’s doctrine of separation of powers
• Evaluate Montesquieu’s doctrine of separation of powers- it’s advantages, disadvantages, impact 
and defects
• Describe the concept of checks and balances of power
• Explain the relevance of Montesquieu’s doctrine in governance and comment on its limitations
• Analyse and compare the application of doctrine of separation of powers in UK, USA and India
I. Concept of Separation of Powers
For the preservation of the political liberty of the individuals and democracy, it becomes necessary 
in a state to establish special organs for the exercise of powers. The powers of the government are 
CHAPTER
3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
divided between its organs in accordance with the nature of powers to be exercised. Broadly, the 
powers of a government in a state have been classified as the power to:
 i. Enact laws i.e., powers of the Legislature.
 ii. Interpret laws i.e. powers of the Judiciary.
 iii. Enforce laws i.e. powers of the Executive.
The theory of separation of powers in its simplest form implies that all the above functions should be 
entrusted to three different authorities. The three organs of the government should be kept separate 
and distinct. One organ should be independent of the control of others.
Each organ shall exercise its powers within its own sphere. This doctrine entails that each organ shall 
not encroach upon or interfere with the powers and independence of other organs of government. 
If any organ encroaches into the terrain of the other organ, it shall be checked by another organ of 
the government. Thus, no new organ is created over and above the existing organs of government, 
to check encroachment.
On the whole, separation of powers requires the existence of a written Constitution to define the 
formal powers of each organ. The powers shall be so defined and divided to create a system of 
checks and balances of powers among the organs. This view finds support from the writings of Carl 
J. Friedrich (1901-1984), a German-American political theorist.
In the words of Wade and Phillips (Constitutional Law, 1960), separation of powers may mean three 
different things:
i. The same persons should not form part of more than one of the three organs of the Government
ii. One organ of the government should not control or interfere with the exercise of its function by 
another organ
iii. One organ of the government should not exercise the functions of another
II. Historical Background and Evolution of Montesquieu’s  
 Doctrine of Separation of Powers
A. Montesquieu’s Doctrine of Separation of Powers
 The most original, systematic as well as scientific elaboration of the concept of ‘separation of 
powers’ has been given by the French philosopher Baron De Montesquieu (1689-1755) in 
the 18th century. Montesquieu’s theory on ‘separation of powers’ has become the model for 
governance of all democracies.
UNIT I
UNIT II UNIT III UNIT IV UNIT V
26
 During his time, he saw the oppressive and despotic rule of French King Louis XIV (1661-1715). 
The ruler enjoyed the absolute powers of State, and the prevailing dictum was, ‘I am the State’. 
Liberty of the people was suppressed under the despotic rule of the King and his administrators.
 During his visit to England, Montesquieu experienced the sense of liberty and freedom enjoyed 
by the citizens of England. He was very impressed with the thoughts of Locke. He compared their 
system of governance with the system prevailing in his country. He examined the separation of 
powers of the government, and their exercise by separate organs of the government namely, the 
King, Parliament and the law courts in the governance structure in England.
 The doctrine of the separation of powers emerged as a distinct doctrine in his famous book 
‘Esprit Des Lois’ (The Spirit of Laws) published in 1748.
B. Basic Features of the Doctrine Separation of Powers as Enunciated by  
 Montesquieu
1.  Montesquieu proposed the theory of separation of powers. He advised that the division of powers 
is necessary in between the legislative, the executive and the judicial system.
2.  Different departments must exercise the three powers of the government with their respective 
personnel. He provided the reason for the division of powers between the three branches of the 
government as follows:
 a. When the legislative and executive powers are united in the same persons, there cannot 
be liberty. It may lead to apprehensions that the monarch may enact tyrannical laws and 
execute them in a tyrannical manner, as the same agency becomes the maker and executor 
of laws.
 b. Where judicial powers are combined with the legislative, the life and liberty of the subjects 
would be exposed to arbitrary control, as the Judge would be the legislator.
 c. Where the judicial power is combined with the executive power, the Judge might behave 
in a violent and oppressive manner. The prosecutor and the Judge would then be the same 
person and authority.
 d. If powers are vested in one organ, or exercised without separation, governance would not 
be effective.
3.  It is inherent in any authority to abuse powers unless limitations are imposed on its exercise.
4.  For safeguarding the liberty of people, each organ of the Government shall have the obligation 
to act within its own sphere and not beyond it. If the authority acts beyond the permitted limits, it 
would be checked by the other organs. This means that the executive organ shall exercise some 
control over legislative and judiciary, the legislative organ over executive and judiciary, and 
the judiciary over legislative and executive organs. The system of checking the encroachment 
of powers by each organ and thus balancing the division of powers is termed as the system of 
‘checks and balances’.
Page 4


UNIT I
UNIT II UNIT III UNIT IV UNIT V
Separation of Powers
Contents
I. Concept of Separation of Powers
II. Historical Background and Evolution of Montesquieu’s Doctrine of Separation of Powers
 A. Montesquieu’s Doctrine of Separation of Powers
 B. Basic Features of the Doctrine Separation of Powers as enunciated by Montesquieu
 C. Checks and Balances of Power
 D. Impact of the Doctrine
III. Evaluation of the Doctrine of Separation of Powers
 A. Key Benefits and Advantages of The Doctrine of Separation of Powers
 B. Defects of the Doctrine
IV . Separation of Powers in Practice
 A. Separation of Powers in Britain
 B. Separation of Powers in the United States of America
 C. Separation of Powers in India
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Define separation of powers
• Explain historical evolution of the Montesquieu’s doctrine of separation of powers
• Evaluate Montesquieu’s doctrine of separation of powers- it’s advantages, disadvantages, impact 
and defects
• Describe the concept of checks and balances of power
• Explain the relevance of Montesquieu’s doctrine in governance and comment on its limitations
• Analyse and compare the application of doctrine of separation of powers in UK, USA and India
I. Concept of Separation of Powers
For the preservation of the political liberty of the individuals and democracy, it becomes necessary 
in a state to establish special organs for the exercise of powers. The powers of the government are 
CHAPTER
3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
divided between its organs in accordance with the nature of powers to be exercised. Broadly, the 
powers of a government in a state have been classified as the power to:
 i. Enact laws i.e., powers of the Legislature.
 ii. Interpret laws i.e. powers of the Judiciary.
 iii. Enforce laws i.e. powers of the Executive.
The theory of separation of powers in its simplest form implies that all the above functions should be 
entrusted to three different authorities. The three organs of the government should be kept separate 
and distinct. One organ should be independent of the control of others.
Each organ shall exercise its powers within its own sphere. This doctrine entails that each organ shall 
not encroach upon or interfere with the powers and independence of other organs of government. 
If any organ encroaches into the terrain of the other organ, it shall be checked by another organ of 
the government. Thus, no new organ is created over and above the existing organs of government, 
to check encroachment.
On the whole, separation of powers requires the existence of a written Constitution to define the 
formal powers of each organ. The powers shall be so defined and divided to create a system of 
checks and balances of powers among the organs. This view finds support from the writings of Carl 
J. Friedrich (1901-1984), a German-American political theorist.
In the words of Wade and Phillips (Constitutional Law, 1960), separation of powers may mean three 
different things:
i. The same persons should not form part of more than one of the three organs of the Government
ii. One organ of the government should not control or interfere with the exercise of its function by 
another organ
iii. One organ of the government should not exercise the functions of another
II. Historical Background and Evolution of Montesquieu’s  
 Doctrine of Separation of Powers
A. Montesquieu’s Doctrine of Separation of Powers
 The most original, systematic as well as scientific elaboration of the concept of ‘separation of 
powers’ has been given by the French philosopher Baron De Montesquieu (1689-1755) in 
the 18th century. Montesquieu’s theory on ‘separation of powers’ has become the model for 
governance of all democracies.
UNIT I
UNIT II UNIT III UNIT IV UNIT V
26
 During his time, he saw the oppressive and despotic rule of French King Louis XIV (1661-1715). 
The ruler enjoyed the absolute powers of State, and the prevailing dictum was, ‘I am the State’. 
Liberty of the people was suppressed under the despotic rule of the King and his administrators.
 During his visit to England, Montesquieu experienced the sense of liberty and freedom enjoyed 
by the citizens of England. He was very impressed with the thoughts of Locke. He compared their 
system of governance with the system prevailing in his country. He examined the separation of 
powers of the government, and their exercise by separate organs of the government namely, the 
King, Parliament and the law courts in the governance structure in England.
 The doctrine of the separation of powers emerged as a distinct doctrine in his famous book 
‘Esprit Des Lois’ (The Spirit of Laws) published in 1748.
B. Basic Features of the Doctrine Separation of Powers as Enunciated by  
 Montesquieu
1.  Montesquieu proposed the theory of separation of powers. He advised that the division of powers 
is necessary in between the legislative, the executive and the judicial system.
2.  Different departments must exercise the three powers of the government with their respective 
personnel. He provided the reason for the division of powers between the three branches of the 
government as follows:
 a. When the legislative and executive powers are united in the same persons, there cannot 
be liberty. It may lead to apprehensions that the monarch may enact tyrannical laws and 
execute them in a tyrannical manner, as the same agency becomes the maker and executor 
of laws.
 b. Where judicial powers are combined with the legislative, the life and liberty of the subjects 
would be exposed to arbitrary control, as the Judge would be the legislator.
 c. Where the judicial power is combined with the executive power, the Judge might behave 
in a violent and oppressive manner. The prosecutor and the Judge would then be the same 
person and authority.
 d. If powers are vested in one organ, or exercised without separation, governance would not 
be effective.
3.  It is inherent in any authority to abuse powers unless limitations are imposed on its exercise.
4.  For safeguarding the liberty of people, each organ of the Government shall have the obligation 
to act within its own sphere and not beyond it. If the authority acts beyond the permitted limits, it 
would be checked by the other organs. This means that the executive organ shall exercise some 
control over legislative and judiciary, the legislative organ over executive and judiciary, and 
the judiciary over legislative and executive organs. The system of checking the encroachment 
of powers by each organ and thus balancing the division of powers is termed as the system of 
‘checks and balances’.
UNIT I
UNIT II UNIT III UNIT IV UNIT V
27
 This kind of overview is the correct meaning of the maximlepouvoirartere le pouvoir which 
means, power halts power. By separating the functions of the executive, legislature and judiciary, 
one power may operate as a balance against another and thus have a check on the power 
exercised by another.
C.  Checks and Balances of Power
	 •	 The	origin	of	the	concept	of	check	and	balanc es	is	specifically	cr edited	to	Montesquieu.
	 •	 This	concept	provides	a	system-based	r egulati on	that	allows	one	branch	to	limit	another .
	 •	 The	 following	 char t	 e xplains	 the	 operation	 of	 check	 and	 balance	 mechanism	 between	
different organs of the government in the United States.
D.  Impact of the Doctrine
	 •	 Mon tesquieu	advocated	the	adoption	of	this	d octrine	in	his	own	countr y ’s	political	system.
	 •	 His	 teachings	 gave	 boost	 to	 the	 F r ench	 Revolu tion	 and	 led	 to	 the	 adoption	 of	 the	 Declaration	
of	Rights	in	1789.
Page 5


UNIT I
UNIT II UNIT III UNIT IV UNIT V
Separation of Powers
Contents
I. Concept of Separation of Powers
II. Historical Background and Evolution of Montesquieu’s Doctrine of Separation of Powers
 A. Montesquieu’s Doctrine of Separation of Powers
 B. Basic Features of the Doctrine Separation of Powers as enunciated by Montesquieu
 C. Checks and Balances of Power
 D. Impact of the Doctrine
III. Evaluation of the Doctrine of Separation of Powers
 A. Key Benefits and Advantages of The Doctrine of Separation of Powers
 B. Defects of the Doctrine
IV . Separation of Powers in Practice
 A. Separation of Powers in Britain
 B. Separation of Powers in the United States of America
 C. Separation of Powers in India
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Define separation of powers
• Explain historical evolution of the Montesquieu’s doctrine of separation of powers
• Evaluate Montesquieu’s doctrine of separation of powers- it’s advantages, disadvantages, impact 
and defects
• Describe the concept of checks and balances of power
• Explain the relevance of Montesquieu’s doctrine in governance and comment on its limitations
• Analyse and compare the application of doctrine of separation of powers in UK, USA and India
I. Concept of Separation of Powers
For the preservation of the political liberty of the individuals and democracy, it becomes necessary 
in a state to establish special organs for the exercise of powers. The powers of the government are 
CHAPTER
3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
divided between its organs in accordance with the nature of powers to be exercised. Broadly, the 
powers of a government in a state have been classified as the power to:
 i. Enact laws i.e., powers of the Legislature.
 ii. Interpret laws i.e. powers of the Judiciary.
 iii. Enforce laws i.e. powers of the Executive.
The theory of separation of powers in its simplest form implies that all the above functions should be 
entrusted to three different authorities. The three organs of the government should be kept separate 
and distinct. One organ should be independent of the control of others.
Each organ shall exercise its powers within its own sphere. This doctrine entails that each organ shall 
not encroach upon or interfere with the powers and independence of other organs of government. 
If any organ encroaches into the terrain of the other organ, it shall be checked by another organ of 
the government. Thus, no new organ is created over and above the existing organs of government, 
to check encroachment.
On the whole, separation of powers requires the existence of a written Constitution to define the 
formal powers of each organ. The powers shall be so defined and divided to create a system of 
checks and balances of powers among the organs. This view finds support from the writings of Carl 
J. Friedrich (1901-1984), a German-American political theorist.
In the words of Wade and Phillips (Constitutional Law, 1960), separation of powers may mean three 
different things:
i. The same persons should not form part of more than one of the three organs of the Government
ii. One organ of the government should not control or interfere with the exercise of its function by 
another organ
iii. One organ of the government should not exercise the functions of another
II. Historical Background and Evolution of Montesquieu’s  
 Doctrine of Separation of Powers
A. Montesquieu’s Doctrine of Separation of Powers
 The most original, systematic as well as scientific elaboration of the concept of ‘separation of 
powers’ has been given by the French philosopher Baron De Montesquieu (1689-1755) in 
the 18th century. Montesquieu’s theory on ‘separation of powers’ has become the model for 
governance of all democracies.
UNIT I
UNIT II UNIT III UNIT IV UNIT V
26
 During his time, he saw the oppressive and despotic rule of French King Louis XIV (1661-1715). 
The ruler enjoyed the absolute powers of State, and the prevailing dictum was, ‘I am the State’. 
Liberty of the people was suppressed under the despotic rule of the King and his administrators.
 During his visit to England, Montesquieu experienced the sense of liberty and freedom enjoyed 
by the citizens of England. He was very impressed with the thoughts of Locke. He compared their 
system of governance with the system prevailing in his country. He examined the separation of 
powers of the government, and their exercise by separate organs of the government namely, the 
King, Parliament and the law courts in the governance structure in England.
 The doctrine of the separation of powers emerged as a distinct doctrine in his famous book 
‘Esprit Des Lois’ (The Spirit of Laws) published in 1748.
B. Basic Features of the Doctrine Separation of Powers as Enunciated by  
 Montesquieu
1.  Montesquieu proposed the theory of separation of powers. He advised that the division of powers 
is necessary in between the legislative, the executive and the judicial system.
2.  Different departments must exercise the three powers of the government with their respective 
personnel. He provided the reason for the division of powers between the three branches of the 
government as follows:
 a. When the legislative and executive powers are united in the same persons, there cannot 
be liberty. It may lead to apprehensions that the monarch may enact tyrannical laws and 
execute them in a tyrannical manner, as the same agency becomes the maker and executor 
of laws.
 b. Where judicial powers are combined with the legislative, the life and liberty of the subjects 
would be exposed to arbitrary control, as the Judge would be the legislator.
 c. Where the judicial power is combined with the executive power, the Judge might behave 
in a violent and oppressive manner. The prosecutor and the Judge would then be the same 
person and authority.
 d. If powers are vested in one organ, or exercised without separation, governance would not 
be effective.
3.  It is inherent in any authority to abuse powers unless limitations are imposed on its exercise.
4.  For safeguarding the liberty of people, each organ of the Government shall have the obligation 
to act within its own sphere and not beyond it. If the authority acts beyond the permitted limits, it 
would be checked by the other organs. This means that the executive organ shall exercise some 
control over legislative and judiciary, the legislative organ over executive and judiciary, and 
the judiciary over legislative and executive organs. The system of checking the encroachment 
of powers by each organ and thus balancing the division of powers is termed as the system of 
‘checks and balances’.
UNIT I
UNIT II UNIT III UNIT IV UNIT V
27
 This kind of overview is the correct meaning of the maximlepouvoirartere le pouvoir which 
means, power halts power. By separating the functions of the executive, legislature and judiciary, 
one power may operate as a balance against another and thus have a check on the power 
exercised by another.
C.  Checks and Balances of Power
	 •	 The	origin	of	the	concept	of	check	and	balanc es	is	specifically	cr edited	to	Montesquieu.
	 •	 This	concept	provides	a	system-based	r egulati on	that	allows	one	branch	to	limit	another .
	 •	 The	 following	 char t	 e xplains	 the	 operation	 of	 check	 and	 balance	 mechanism	 between	
different organs of the government in the United States.
D.  Impact of the Doctrine
	 •	 Mon tesquieu	advocated	the	adoption	of	this	d octrine	in	his	own	countr y ’s	political	system.
	 •	 His	 teachings	 gave	 boost	 to	 the	 F r ench	 Revolu tion	 and	 led	 to	 the	 adoption	 of	 the	 Declaration	
of	Rights	in	1789.
UNIT I
UNIT II UNIT III UNIT IV UNIT V
28
	 •	 The	 Declaration	 provided	 that:	 ‘Ever y	 society	 in	 which	 Separation	 of	 P owers	 is	 not	
determined has no Constitution. The French Constitution, 1791 made executive, legislative 
and judiciary independent of one another’.
	 •	 James	 Madison	 (1751-1836),	 the	 4th	 P r esident	 of	 United	 States	 of	 America	 wrote	 in	 The	
Federalist that “The accumulation of all powers, legislative, executive, and judiciary, in the 
same hands, whether of one, a few, or many, and whether hereditary, self-appointed,or 
elective, may justly be pronounced the very definition of tyranny”.
	 •	 The	 doctrine	 of	 separation	 of	 powers	 for ms	 the	 foundation	 on	 which	 the	 entir e	 structur e	 of	
the U.S. Constitution 1787 is based. Montesquieu thus became the intellectual father of the 
American Constitution.
III. Evaluation of The Doctrine of Separation of Powers
The doctrine of separation of powers can be better understood in two forms. First, it implies that 
concentration of powers in the same person or same body of persons should be avoided. Secondly, 
it implies division of those powers which essentially and primarily belong to one organ and not the 
other. Then allied functions can be performed with the coordination of the other organs. Emphasis 
must be laid on modification of the concentration of powers.
The doctrine can be better evaluated after studying its key benefits and defects.
A. Key Benefits and Advantages of the Doctrine of Separation of Powers
	• Different personnel, with respective capabilities for different organs, bring efficiency to the 
performance of functions and administration. This indeed serves the purpose of the State 
and its people. Each organ must do its job to the best of its efficiency, and with due regard 
to its responsibility.
	• The doctrine of separation of powers, safeguards the liberty and freedom of individuals. 
The doctrine requires that each organ must act within the sphere of law. Thus, it establishes 
the government of law rather than of official will. It aims at protecting freedom of individual 
from the tyrannical rule of absolute monarchy. Montesquieu developed the theory as a 
means of limiting the absolute powers of the ruler in France.
	• One important aspect of this doctrine is to establish an independent judiciary that is free 
from administrative discretion. Montesquieu was interested in setting the judicial power as a 
check on and as arbiter between the other two organs.
	• The system of check and balances within the organs of the government provides stability to 
the government by protecting the sovereignty of the state. It promotes harmonious exercise 
of powers and functions within the three organs. 
B. Defects of the Doctrine
	• Historically speaking, there was no separation of powers under the British Constitution, as 
construed by Montesquieu. A. V. Dicey had observed that the British constitution had “a 
weak Separation of Powers”. As remarked by Barnett in Constitutional and Administrative 
Law (2005), “Britain has an uncodified or unwritten Constitution. Much of the British 
constitution is embodied in written documents, within statutes, court judgments and 
treaties as the supreme and final sources of law. The statutes of Parliament can change 
the Constitution by passing new legislations. The Constitution has other unwritten sources, 
including Parliamentary constitutional conventions”.