Prelude to the Separation of Powers

Abstract

THIS article examines the doctrine of separation of powers, and attempts to defend the validity of a diversity of different conceptions of the doctrine. It also links separation of powers to efficiency, arguing that at the core of every manifestation of the doctrine is the efficient allocation of function to form. The structure of the courts and legislature are examined, and it is argued that that a link can be drawn between these institutions and the legislative and judicial task. The relationship between political theory and constitutional theory is also discussed.