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The separation of powers is one of the most influential theories of liberal constitutionalism, but its meaning has varied considerably across time, space, and social and political contexts. It is therefore illusory to rely on an authoritative definition formulated in a different historical context and apply it to contemporary conditions. Similarly, it is misleading to trace a single, linear history of this theory. With this in mind, this chapter nevertheless provides an overview of the traditional history of the separation of powers, from its roots in Antiquity to contemporary critiques, including its early constitutional enshrinement in the United States and France. By highlighting the many forms that the theory has taken in response to the needs of different times, we argue that its flexibility is one of the key reasons for its success. Constitutional lawyers could therefore draw an important lesson from the history of the separation of powers: the need to interpret the theory reflexively and dynamically, while remaining faithful to its underlying normative aims.
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Vandenbosch, S., & Romainville, C. (2027). A Bird’s Eye View on the (Hi)Story of the Separation of Powers. In E. Carolan, C. Chan, E. Delaney, M. Haillbronner, D. Kosař, M. Leloup, J. Mendes, et S. Verdugo (ed.), The Cambridge Handbook of the Separation of Powers. CUP. https://hdl.handle.net/2078.5/218961