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On the Incompatibility of an Ideally Just Ruler and the Separation of Powers

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Version 5 2017-09-19, 12:47
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journal contribution
posted on 2017-09-19, 12:47 authored by John SmithJohn Smith
The principle of the Separation of Powers, according to which -broadly speaking- power ought to be shared amongst a diverse group of people, is often presented as a recipe for justice, and it yet that is really not the case. In so far as the members of this group tend to disagree, it tends to be a recipe for judicial impotence, the inability to impose justice because of the barriers constituted by the existence of dissenting influences. More particularly, this principle stands in a way of a ruler or a government that is able to dispense perfect justice.

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