Separation of Powers

The Notion in the Classic Literature

The concept of separation of powers is found in the works of political analysts from the time of the Greek philosophers Plato and Aristotle. Misinterpretations and misconceptions about separation of powers are perennial problems. If there is no separation of powers, one branch of government might acquire too much influence and threaten other branches and the people. With too much separation, government does not function properly, creating conditions that invite a dictator to appear in order to restore order and efficiency.

The constitutions of 1791 and 1848 in France represented concerted efforts to establish a pure separation of powers. The first experiment resulted in the Committee of Public Safety, the Directory, and the reign of Napoleon Bonaparte. The second led to Louis Napoleon, reaction, and the Second Empire. Professor M. J. C. Vile (1967) observed that “this last flirtation with the pure doctrine ended in the same way as others had ended in France—in absolutism” (p. 207). The framers of the American Constitution attempted to avoid those violent swings. Justice Joseph Story (1905) said that the framers accepted a separation of powers but “endeavored to prove that a rigid adherence to it in all cases would be subversive of the efficiency of the government, and result in the destruction of the public liberties” (p. 396).

The Concept of Mixed Government

The framers of the American Constitution were familiar with efforts over the centuries to combine different political interests to provide for balanced government. The principle of mixed government, as a method of stabilizing a political order, can be traced back to Greek philosophy. In Book III of his Laws, Plato combined monarchy and democracy to form a well-governed city. Aristotle, in Book IV of his Politics, mixed different types of oligarchies and democracies to create a stable state. He also divided government into separate departments: the deliberative, executive, and judicial.

In an effort to ensure balance and stability in a political order, Polybius, a Roman historian of the 2nd century BCE, studied different types of constitutions to prevent ideal forms from degenerating into perverted ones. In Book VI of his Histories, he settled on a mix of kingship, aristocracy, and democracy: The force of each being neutralized by that of the others, neither of them should prevail and outbalance another, but the constitution should remain for long in a state of equilibrium like a well-trimmed boat. Niccolò Machiavelli, in his Discourses, adopted a similar method of avoiding the risks of a pure form of government. It was better to pull out portions from each form, so that there is combined under the same constitution a prince, a nobility, and the power of the people—then these three powers will watch and keep each other reciprocally in check.

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