Constitutional law 101 : the doctrine of the separation of powers : case note

National Director of Public Prosecutions and Others v Freedom Under Law (SCA) (unreported case no 67/14, 17-4-2014) One of the first things that you learn when you enter law school is that our democratic system of government is characterised by a system of checks and balances and a separation of powers between the legislature, the executive and judiciary. This is to ensure accountability, responsiveness and openness, and to prevent these three branches of government from usurping power from one another. This division of state power between three distinctive institutions was introduced by Montesquieu, who is generally credited with devising the modern concept of separation of powers.