Separation Of Powers

The theory of separation of powers (trias politica) is a political system organization in which powers are separated into three branches, a judiciary, an executive and a legislature (they are all considered as coequal branches). Powers are distributed among different authorities that will always try to preserve their independence. Indeed, different parts or political powers are distributed between authorities that have their own speciality and are mutually independent hence their need to control each other and limit political powers themselves (in addition, no one branch has more power than the other branches). As a matter of fact, having that distribution settled between powers limit the political power itself as it is not concentrated between the hands of a single authority or a single person.

That theory of separation of powers was first developed by Aristotle who made clear about the need to separate powers into three different parts. The idea was then theorized by John Locke and Montesquieu who is said to be the one that fully developed it in The spirit of the Laws.

The legislative branch has the power to pass, amend, and repeal laws. The legislature creates the law (that’s called legislation).

The role of the executive is to enforce the law created by the legislative and interpreted by the judiciary. The executive makes sure the laws is implemented.

The judiciary interprets the law and applies it to concrete situations. It doesn’t make law (legislature) or enforce it (executive) because of the separation of powers.

The three different branches are said to have opposed interests and even if they try to limit each other’s power, they enjoy real interactions allowing them to have a part in the political organization. Indeed, their power is limited by the other powers but can’t be legitimate without the two others (hence those complex relationships).

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