Court Shorts: Separation of Powers is being released in conjunction with Bill of Rights Day, Dec. 15, the day in 1791 that the first 10 amendments to the Constitution were ratified. As the video illustrates, all three branches play a role in preserving constitutional liberties. Jul 10, 2020 · The Separation of Power is a method of removing the amount of power in any group’s hands, making it more difficult to abuse. Separation of powers forms a vital part of modem constitutionalism. It has influenced the structures of governments tremendously. Locke and Montesquieu are regarded as the founders of the doctrine of separation of powers.
Because of the potential implications for the separation of powers when courts decline to adjudicate certain issues, application of the political question doctrine has sparked controversy. Because there is no precise test for when a court should find a political question, however, understanding exactly when the doctrine applies can be difficult.
As delineated in the Constitution, the separation of powers doctrine represents the belief that government consists of three basic and distinct functions, each of which must be exercised by a different branch of government, so as to avoid the arbitrary exercise of power by any single ruling body.