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Philosophical Foundations of Constitutional Law$
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David Dyzenhaus and Malcolm Thorburn

Print publication date: 2016

Print ISBN-13: 9780198754527

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198754527.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 September 2021

The Constitutional Separation of Powers

The Constitutional Separation of Powers

(p.221) 11 The Constitutional Separation of Powers
Philosophical Foundations of Constitutional Law

Aileen Kavanagh

Oxford University Press

This chapter rejects the traditional ‘pure view’ of the separation of powers based on a strict separation between three mutually exclusive functions. It argues, instead, that we should think of the separation of powers as requiring two dimensions: a division of labour between the three branches of government where each branch plays a distinct role in the constitutional scheme, and a requirement of adequate checks and balances between the branches. It argues, further, that these dual dimensions of the separation of powers—division of labour and checks and balances—are both underpinned by the value of coordinated institutional effort in the service of good government. This is the separation of powers in a joint enterprise.

Keywords:   separation of powers, division of labour, checks and balances, good government, coordination

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