Book Title: Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights

Publisher: Oxford University Press

Abstract: This chapter examines the concept of the separation of powers through the lens of three primary documents; two of which are canonical, and one which is anti-canonical. Canonical are the Constitution of the United States of America, and the 1965 case of Liyanage & Ors v. The Queen (1967), a decision of the Privy Council on an appeal from Ceylon. The US Constitution was pioneering in how it manifested the separation of powers doctrine. It has stood the test of time and become the model for constitution-making since. The decision in Liyanage reinforces the concept of the separation of powers in the absence of a codified language that mandates such separation. The anti-canon is the Constitution of Brunei 1984, an example of the type of constitution typically drafted by religious or theocratic states that rejects the separation of powers doctrine in favour of a more absolutist form of government.