Home / Volume 7, Issue 2 / Separation of Power in the Contemporary State Open access · CC BY-NC 4.0
Article Volume 7 Issue 2 2089 - 2112 April 16, 2024

Separation of Power in the Contemporary State

Lead author · Corresponding
Shams Firdaus
LL.M. student at Chanakya National Law University, Patna, India
Abstract

The theory of separation of powers, a fundamental principle of modern governance, divides political authority among three branches: executive, legislative, and judicial. Initially proposed by political theorists like as Montesquieu, its use has changed greatly in modern governments. This abstract looks at the doctrine's applicability and problems in today's political context. In modern states, the separation of powers protects against tyranny and ensures checks and balances within government systems. However, given today's realities, its execution is fraught with complexity. Technological improvements, globalisation, and the growing complexity of policy challenges have blurred conventional divisions across branches. Furthermore, the rise of executive dominance in some systems calls into question the principles' essential assumptions, raising issues about accountability and power concentration. The convergence of powers in some parliamentary systems complicates the division, raising questions about the doctrine's efficiency in safeguarding democratic values. Furthermore, the involvement of non-state entities, such as multinational firms and international organisations, creates new dynamics that call into question traditional notions of power separation. These organisations exert tremendous power over government decisions, frequently operating outside the purview of democratic review. In response to these obstacles, modern states are reconsidering the doctrine's application, looking for novel methods to preserve its integrity. To sustain democratic norms, institutional processes must be strengthened, transparency enhanced, and citizen involvement promoted. To summarise, while the idea of separation of powers remains a key premise in modern nations, its application necessitates ongoing change to reflect changing political realities. By tackling issues such as executive dominance, technological improvements, and the influence of non-state actors, governments may ensure that the division of powers remains a cornerstone of democratic administration in the twenty-first century.

Type
Article
Information
International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2089 - 2112
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation


        
📢 Call for Papers — Volume IX Issue IV now open  ·  Impact Factor 7.010  ·  Indexed in HeinOnline, Manupatra & Google Scholar + 1000+ Libraries  ·  Free DOI Submit Now →
Chat with us