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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Chinese Constitutionalism: Five-Power Constitution

Ernest Caldwell

Subject(s):
Specific historical constitutions — Constitutional design — Separation of powers

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Studies of modern constitutions and constitutional structures are invariably predicated upon the common theory that governments exercise three primary forms of legitimate power: executive, legislative, and judicial. Scholars from Montesquieu to the present have argued that separating these powers into distinct branches of government and establishing various forms of procedural mechanisms to constrain the exercise of these powers best ensures that government power is exercised efficiently and without potential of infringing upon the rights and freedoms of...
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