June 24, 2015

The Hong Kong Legal Regime and Montesquieu's Theory of the Separation of Powers

Danny Gittings, University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education; University of Hong Kong Faculty of Law, has published Conflict Over 'Montesquieu's Doctrine' on Separation of Powers. Here is the abstract.
Many aspects of the classic separation of powers doctrine of a tripartite division between executive, legislature and judiciary, which is commonly attributed to Baron Montesquieu, have been the subject of sustained academic criticism in recent decades.

This article, which is part of the author’s PhD research into separation of powers in Hong Kong, reviews those criticisms as well as the quantitative analysis in this area.

It concludes that, even as criticism of the doctrine has become much sharper among some American scholars, there seem to be signs of a more sympathetic reappraisal in some quarters in the United Kingdom.
Download the article from SSRN at the link.

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