ABSTRACT

In this chapter I address the question: Does the rule of law-whose outlines we examined in the previous chapter-require the separation of powers? e American political answer to this question would appear to be a denite “yes.” Everyone knows-or thinks they know-that the American political system is based on a separation between the legislative, executive, and judicial branches of government, each of which is staed by dierent individuals who are chosen in dierent ways.