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Separation of Powers

Also Known As Trias Politica
Checks, Balances and Institutional Oversight

Separation of powers is the principle that a government's legislative, executive, and judicial functions should be held by separate bodies so that no one branch can dominate the others. The French philosopher Montesquieu gave the idea its most influential statement, building on earlier ideas from Aristotle and John Locke.

Facts
Origin Year
1748 1
Year Montesquieu published The Spirit of the Laws, his systematic statement of the theory; earlier thinkers had discussed dividing governmental functions before this.
Founding Context
Given systematic theoretical form by Montesquieu in his 1748 The Spirit of the Laws, drawing on John Locke's earlier distinction between legislative and executive power, and put into written constitutional design for the first time by the United States Constitution of 1787. 2
Connections

Advocated By

Source Montesquieu (Britannica)

Associated With

Source Separation of Powers under the United States Constitution (Wikipedia)
Source President, Government Official (Britannica)

The Stanford Encyclopedia of Philosophy states Montesquieu's doctrine had an enormous impact on the framers of the US Constitution.

Source Stanford Encyclopedia of Philosophy: Montesquieu

Influenced

Source Montesquieu (Britannica)

Influenced By

Source A More Perfect Union (National Archives)

Practiced By

Source Separation of powers (Wikipedia)
Sources
1. Montesquieu (Britannica)
Encyclopaedia BritannicaView the Source
2. Stanford Encyclopedia of Philosophy: Montesquieu
Stanford Encyclopedia of PhilosophyMontesquieu entry, The Spirit of the Laws XI.4
Quote, Montesquieu entry, The Spirit of the Laws XI.4
it is necessary from the very nature of things that power should be a check to power
View the Source
Separation of Powers under the United States Constitution (Wikipedia)
WikipediaAssociated With: Checks and BalancesView the Source
President, Government Official (Britannica)
Encyclopaedia BritannicaAssociated With: Presidential SystemView the Source
A More Perfect Union (National Archives)
U.S. National ArchivesInfluenced By: United States ConstitutionView the Source
Separation of powers (Wikipedia)
Wikipedia
  • Practiced By: United States, Article text
    Under this influence, it was implemented in 1787 in the Constitution of the United States separation of powers.
  • In Group: Constitutional Checks on Executive and Legislative Power, Lead paragraph
    The separation of powers principle functionally differentiates several types of state power (usually legislation, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinct and clearly articulated, thereby maintaining the integrity of each branch.
View the Source
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