ABSTRACT
Taken to the extreme, the separation of powers doctrine would prevent any government taking place. However, some separation of the legislative, executive and judicial powers is warranted. Indeed, the independence of the judiciary from the other two branches of government is essential. This doctrine, as stated by the 18th century jurist, Montesquieu, required separation of persons, the absence of control or interference by one organ with the exercise of another’s functions and one organ not exercising the functions of another.
