The so called doctrine of separation of powers is a legal framework developed by a French jurist named Montesquieu whose concern to contain the over-concentration of governmental powers in the hands of one person or a body.
This doctrine is a characteristic of Constitutionalism which is the theory of limited government.
According to Montesquieu the only way to create a system of checks and balances was to ensure that governmental powers were devolved.
He developed the so-called classical doctrine of separation of powers. He suggested that:
1. There should be different organs of government i.e. executive, legislature and judiciary.
2. These organs must exercise different functions. The legislature makes the law, the judiciary interprets it and the executive administers.
3. No person should be a member of more than one organ.
According to Montesquieu, such an arrangement would ensure that no single organ exercises unchecked power, however, this framework cannot operate in any country in its pure state, as government does not operate in water-tight compartments.
Montesquieu is credited for having suggested that these ought to be an independent judiciary. Montesquieu‟s framework is generally effected in many Constitutions of the world.
