public law - seperation of powers

Is the doctrine of the separation of powers a useful doctrine in the context of the British Constitution? How has this doctrine fared in recent years?


The doctrine of the separation of powers ensures that the liberty of the individual is secure only if the three primary functions of the state (legislative, executive, and judicial) are exercised by distinct and independent organs. The doctrine was propounded by Montesquieu (De l’Esprit des Lois, 1748), who regarded it as a feature of the British constitution. It is a concept which has a superficial simplicity, but at the same times a rather deep complexity. It contains both a descriptive and prescriptive element; the concept has a long history in political thought, right back to the time of Aristotle. The conscious adaptation of the “separation of powers” principles by the framers of the American constitution in the late 18th century ensured its importance in subsequent constitution making.

It is based on the idea tha...