Separation of Powers

1
Separation of Powers

• From Montesquieu to Madison

2
History of Separation of Powers

• Aristotles Politics
• Legislative or law-making power
• Executive or law-enforcing power
• Judicial or law-interpreting power
• All three powers are only separable in thought.
• In practice they are wielded by the governing body

3
Montesquieus Spirit of the Laws

• The British Constitution of the 18th Century
• King and Court executive power the power to
  control the armed forces
• Lords and Clergy the judicial power to power
  to try and remove the Kings ministers
• The Commons the legislative power the power
  to levy taxes