Introduction: Shared, not Separated

The Separation of Powers

In this course, Andrew Wroe (University of Kent) explores the theory and practice of the separation of powers in the United States. In the first module, we are introduced to our key concepts and begin to complicate the notion of separated powers with Neustadt’s formulation of ‘separated institutions sharing powers’. The second module consists of a brief historical overview, providing a useful backdrop to the powers of government enshrined in the US constitution. In the third module, we explore the separation of powers more thoroughly, and in the fourth module, we complement this with an exploration of checks and balances. In the final module, we look at these concepts in practice, thinking about developments over recent years and finishing with the question of whether these political structures and institutions are still fit for purpose in the modern US.

Introduction: Shared, not Separated

In this module, we introduce the separation of powers in the United States, focusing in particular on: (i) key concepts, such as institutions and structures of power; (ii) the idea that powers are 'shared, not separated' between the main branches of government (the executive, legislature and judiciary) in the US; (iii) Neustadt’s formulation that the US has a system of ‘separated institutions sharing powers’; and (iv) the idea that checks and balances undermine the separation of powers – but they do so in order to preserve it.