Policy Paper 133 | Distribution of Power, Not Separation of Branchesiv articulators of the doctrine, led by Montesquieu, never intended the separation to be absolute ; on the contrary, the entire essence of the doctrine is the separation of powers for the sake of preserving individuals’ freedom, sometimes through overlapping jurisdiction and mutual oversight—even in legislative and executive matters . This is how the doctrine has been interpreted in France, and it is what was advocated by the authors of The Federalist Papers in the United States . The framers of the US Constitution, which created greater separation between the executive and legislative branches, also realized full well that there should not be total separation, but rather oversight and checks and balances in order to prevent any branch from having absolute power . The study surveys the doctrine as expressed in Israel and finds that a “flexible” approach, without a sharp separation between the branches of government, is...
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