The separation of powers, and the Australian Electoral Commission

Abstract

The separation of powers is one of the central doctrines of contemporary representative democracy. The doctrine owes much to the influence of French philosopher Montesquieu, and particularly his 1748 work The Spirit of the Laws. Montesquieu therein outlined the principle that the best form of government is where no person needs to be afraid of another, and the way to do this, according to Montesquieu, was a separation of the powers of government, between the legislature, the executive, and the judiciary. This was an essential safeguard against despotism, and a way to undergird the liberty upon which democracy relies.