3.1.2. Summary of Doctrine

The Doctrine of Separation of powers includes the following distinct but overlapping aspects;

♤ Institutional separation of powers: (a tripartite separation of powers) – the need to have three major institutions or organs in a state i.e. Legislature, Executive and Judiciary.

♤ Functional separation of powers: state power/functions must be vested and exercised by three separate institutions or organs i.e. law making, enforcement and interpretation.

♤ Separation of personnel: (each organ with own personnel) – no person should be a member of more than one organ.

♤ Limitation of appointing powers: state organs should not appoint or elect members for each other.