3.2. Modern (Contemporary) Approach

The doctrine of separation of powers has become an integral part of the governmental structure. Though in theory, the doctrine is supposed to have a threefold classification of functions and corresponding organs. But, because of the diverse and complex nature of a modern state, where the process of law making, administration and adjudication cannot be clearly demarcated or assigned to separate institutions, the practical application of this doctrine in strict sense is very difficult.

This approach somehow departs or otherwise tries to refine Montesquieu’s strict doctrine of separation of powers and thus advocates for a ‘mixed government’ or ‘weak separation of powers’ with ‘checks and balances’ to prevent abuses.

‘Mixed government’ as a concept insists that the primary functions of the state should be allocated clearly and that there should be checks to ensure that no institution encroaches significantly upon the function of the other.

Montesquieu’s strict doctrine presents the following problems:

♤ A complete separation of the three organs is neither possible nor desirable because it may lead to constitutional deadlock (disunity of powers).

♤ To achieve a mixed and balanced constitutional structure, partial separation of powers is required.

♤ It would be impractical to expect each branch of government to raise its own finances.

♤ The theory is based on the assumption that all the three organs of the government are equality important, but in reality it is not so. In most cases, the executive is more powerful of the three branches of government.

Some scholars claim rightly that even Montesquieu’s motherland i.e. France has failed to adhere to the doctrine strictly.