Summary of Introduction to the Separation of Powers - Constitutional Law

00:00:00 - 00:05:00

This video introduces the concept of separation of powers, which involves dividing the executive, legislative, and judicial branches of government to prevent any one person from holding power in multiple branches and to ensure that no institution can interfere with the powers of another. The three sub-concepts of separation of powers are explored, along with the traditional three-part structure of government. The historical basis for this concept is also traced back to early liberal thinkers. Knowing this concept is critical when it comes to understanding UK constitutional administrative law.

• 00:00:00 In this section, the topic of the separation of powers is introduced as a fundamental constitutional concept that needs to be explored before looking at individual government institutions. The three sub-concepts of the separation of powers are discussed: the same person should not be a part of more than one organ of government, one organ of government should not hold the functions or powers of another organ, and each organ of government must check the others through a system of checks and balances. The traditional three-part structure of government, consisting of a legislature responsible for making laws, an executive responsible for enforcing laws, and a judiciary responsible for interpreting and applying laws, is also discussed. The historical basis for this concept is traced back to early liberal thinkers such as John Locke and Montesquieu, and the question of what the most desirable separation of powers is also addressed.
• 00:05:00 In this section, the instructor explains the concept of the separation of powers, which separates the executive, legislative, and judicial branches of government and prohibits any one person from holding power in more than one branch. This concept also ensures that no institution can interfere with the powers of another institution. The instructor uses the example of the United States to illustrate the separation of powers in practice and the checks and balances that exist between branches. Understanding this concept is essential to understanding UK constitutional administrative law.