Separation of powers in the constitution
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Montesquieu separation of powers
separation of powers
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.
This is also known as the system of checks and balances, because each branch is given certain powers so as to inspect and block other branches who may overstep their duties. The separation of powers doctrine divides government responsibilities into the three branches in order to prevent any one branch from taking over another’s duties.
The goal of the framers’ in their creation of separation of powers was to prevent a concentration of power by one branch and thus, unequal control over the government.
Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches.
[Last reviewed in September of 2024 by the Wex Definitions Team]
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