Erotteluperiaate

Erotteluperiaate, or the separation of powers, is a constitutional and administrative principle by which the authority to make laws, execute laws, and interpret laws is distributed among distinct branches of government to prevent the concentration of power and to provide checks and balances.

The concept is most closely associated with Enlightenment political theory, notably Montesquieu in The Spirit of the Laws (1748). He argued that liberty and political stability are safeguarded when legislative, executive, and judicial powers are held by different bodies. Over time, this tripartite framework has become a defining feature of many modern constitutions and constitutional practices.

In practice, most democracies maintain a division among at least three branches: legislature, executive, and judiciary. The exact division varies by system. In parliamentary systems, the executive is typically drawn from the legislature, while an independent judiciary and constitutional bodies preserve a degree of separation. In presidential systems, the branches are more clearly separate in theory, though practical governance often involves interaction and oversight among branches. Independent agencies, ombudsmen, and audit offices are commonly integrated to strengthen checks and balances.

Significance of the erotteluperiaate lies in accountability, prevention of tyranny, and fostering stable governance. It supports the rule of law by creating institutional constraints on power. Critics note that a strict, formal separation can be impractical in complex modern states, where some overlap or cooperation between branches is necessary. Some scholars advocate for functional differentiation and stronger checks and balances rather than rigid boundaries. A related concept in private governance is the separation of duties, used to reduce fraud and error in organizations.