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Separation of powers

Separation of powers is the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with others. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in monarchies, but also parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative.

"Balance of powers" redirects here. For other uses, see Balance of power.

The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is not always to create an outright limited government. It is often imprecisely and metonymically used interchangeably with the trias politica principle. While the trias politica model is a common type of separation, there are governments that have more or fewer than three branches.

Executive. This includes the popularly elected as well as the prime minister and cabinet. The President is elected by the people, and the Prime Minister appointed by the President, but the cabinet is responsible to the lower house of the legislature, the National Assembly.

president

. A bicameral legislature that includes the Senate (upper house) and the National Assembly (lower house). The relationship between the two houses is asymmetric, meaning that in case of dispute, the National Assembly has the final word according to Article 45[44] of the Constitution.

Legislature

. This includes the judicial and administrative orders. It also includes a constitutional court.

Judiciary

Peter Barenboim, , Moscow, Letny Sad, 2005. ISBN 5-94381-123-0, Permalink: LC Catalog - Item Information (Full Record)

Biblical Roots of Separation of Powers

Biancamaria Fontana (ed.), (2007) ISBN 978-0-521-03376-3

The Invention of the Modern Republic

W. B. Gwyn, The Meaning of the Separation of Powers (1965) (no ISBN)

Bernard Manin, (1995; English version 1997) ISBN 0-521-45258-9 (hbk), ISBN 0-521-45891-9 (pbk)

Principles of Representative Government

José María Maravall and (eds), Democracy and the Rule of Law (2003) ISBN 0-521-82559-8 (hbk), ISBN 0-521-53266-3 (pbk)

Adam Przeworski

Paul A. Rahe, (2009) ISBN 978-0-300-14125-2 (hbk), ISBN 978-0-300-16808-2 (pbk)

Montesquieu and the Logic of Liberty

Iain Stewart, 4 Macquarie Law Journal 187 (2004)

"Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'the Rule of Law'"

Iain Stewart, (2002)

"Montesquieu in England: his 'Notes on England', with Commentary and Translation"

Reinhold Zippelius, Allgemeine Staatslehre/Politikwissenschaft (= Political Science), 16th edition, § 31, C.H. Beck, Munich, 2010,  978-3-406-60342-6

ISBN

Evan C. Zoldan, , 70 Stan. L. Rev. Online 135 (2018).

Is the Federal Judiciary Independent of Congress?

Polybius and the Founding Fathers: the separation of powers

Arbitrary Government Described and the Government of the Massachusetts Vindicated from that Aspersion (1644)