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The bailiffs duel role and the seperation of powers


It has long been argued that law, particularly modern law, is
structured like a language. Unfortunately, it is now quite
commonplace to use words and phrases without consideration of their
real or proper meanings. For instance, the separation of powers, a key
constitutional doctrine, has been used randomly to qualify systems of
government or the collaboration of institutions, by referring to the
work of Montesquieu without truly knowing it. Indeed, the classical
sense that is often given to his ideas on the separation of powers is
absurd. Any argument based on a wrong interpretation of
Montesquieu is therefore also absurd. This article revisits
Montesquieu’s original ideas on the separation of powers and
explains what they really are. By applying this framework to a debate
that has been part of Jersey constitutional life for some time now, the
dual role of the Bailiff, the absurd will hopefully be left on one side
and some truth brought to what the separation of powers really
means, when the Bailiff’s functions are under consideration.

Categories Law, Social science
Keywords Bailiff's Dual Role, Constitutional Doctrine, Law and Language, Separation of Powers, Systems of Government
Author David Marrani
Date published 2021
Document type Article
Organisation Jersey and Guernsey Law Review
IRR Code IRR/JGLR/2021.43866
File Type pdf