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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Separation of Powers

Piotr Mikuli

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 July 2021

Subject(s):
Rule of law — Separation of powers — Federal constitutions — Democracy — Delegated powers

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. The separation of powers constitutes one of the most important principles of a contemporary liberal democracy and the rule of law. It requires the allocation of governmental authority to separate institutions consisting of, at least in principle, separate individuals. Each institution may then serve as a check on the actions of the other institutions. However, the meaning of this principle is ambiguous and, as a result of various theoretical and dogmatic approaches, may be understood in various ways. It must also be noted that the idea of the independence of...
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