The Doctrine of the Separation of Powers-Normative Analysis

The Doctrine of the Separation of Powers-Normative Analysis 1
The Doctrine of the Separation of Powers- Normative Analysis
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The Doctrine of the Separation of Powers-Normative Analysis 2
Introduction
The term “separation of powers” was the phrase of Baron de Montesquieu. The work of
Montesquieu was influential in establishing the constitution of many countries including the
United States through his model of the political authority that divided the governing authority
into three branches: legislative, executive and judicial (Putney, 2016). In cementing on the
vitality of the separation of powers, Montesquieu argued that the three branches must exercise
the powers bestowed to them separately (Boudon, 2012, p. 115). In line with Montesquieu’s
model, the doctrine of separation of powers has been defined as the separation of the state duties
into specific branches to create a clear power exercise distinction among the branches. The core
goal of the doctrine was to prevent the misuse of power given to one unit of government, and it
also helps in ensuring checks and balances to contain a particular institution of government
within its authority.
Based on the introductory paragraph, there are three branches of government: legislative,
executive, and judicial that forms the foundation of the doctrine of separation of powers. It is
essential to understand the core function bestowed to each branch. The legislative arm is
mandated to enact laws that govern the nation and as well allocate funds needed to run the
government operations (Vile, 2016). To avoid the implementation of the enacted laws by the
same body that has passed them, the executive branch sets in with the responsibility of
implementing and making sure the public policy originating from the legislative unit is well-
administered. Finally, there is a judicial branch whose primary duty is to interpret laws and
constitution and limit their misuse by the legislative and executive arms.
As illustrated above, there is a clear distinction of powers among the three arms that
makes up an operational government that guarantees citizens’ liberty and freedom as put forward

The Doctrine of the Separation of Powers-Normative Analysis 3
by Montesquieu (Kemp, 2010, p. 4). Montesquieu’s model of the separation of powers laid an
essential foundation in creating the American constitution. The model was based on values such
as justice equality, liberty that was believed to create an accommodative society where the
fundamental rights of the citizens will be safeguarded. As such, the doctrine of the separation of
powers has been channeled down to different governments over centuries.
Despite the influence of the values of the separation of powers and more so in
establishing the institutional structures, they were not fully accepted, and as such, they continued
to get resistance from certain parts of the society. The deep analysis of the separation of powers
shows that the values behind this doctrine are potentially contradictory (Vile, 2016). For
example, the clash of interests among the three arms of government has continued to emerge.
The ever-existing conflicting interests questions the applicability of the separation of power
doctrine by the government structures that sometimes appears interfering with other branch’s
matters.
Perhaps the reason why the United States adopted the doctrine of the separation of
powers in its constitution was due to the need of controlling the governmental authority, which if
not checked it will be difficult to realize the values of the society. Failure to keep checks and
balances on the government, it would mean that the government would destroy the values it
intended to promote (Fuchs & Herold, 2011, p. 136). As such, it could be established that the
role of the separation of powers was to influence government to bring its power under control if
indeed it was to safeguard the values governing its society. However, the government would not
have done so without a relying on a specific concept, and it is the urge to find a way through
which the government can control its power where the doctrine of the separation of powers was
adopted.