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The first modern formulation of the doctrine was that of the French political philosopher Montesquieu in De l’esprit des lois (1748; The Spirit of Laws), although the English philosopher John Locke had earlier argued that legislative power should be divided between king and Parliament.
Many legislators hold the view that separation of powers means that powers are shared among different branches; no one branch may act unilaterally on issues (other than perhaps minor questions), but must obtain some form of agreement across branches.
Separation of Powers is a doctrine of Constitutional law under which the three branches of U.S. government (executive, legislative, and judicial) and their duties, are kept legally separate.
A well-known concept derived from the text and structure of the Constitution is the doctrine of what is commonly called separation of powers.
The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. [1]
While the Constitution largely effectuated these principles, the Framers’ separation of power was not rigid, but incorporated a system of checks and balances whereby one branch could check the powers assigned to another.
Constitution is separation of powers. The doctrine is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power. Experience
The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.
Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another.
The doctrine of the separation of powers finds its roots in the ancient world, where the concepts of governmental functions, and the theories of mixed and balanced government, were evolved. These were essential elements in the development of the doctrine of the separation of powers.