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The idea of the separation of powers has never been completely free of criticism, and it is interesting that this critique was often directed at its abstract and fictitious nature. There were authors who did not hesitate to call it a chimera2 or compare its three-component variants with the theological doctrine of the Holy Trinity.3 For example, Léon Duguit explicitly stated that it is a metaphysical concept analogous to that religious construction, which is as such unacceptable in the positive theory of law.4 However, if we want to refer to metaphysics, we must be aware that it is a difficult-to-grasp concept that is often used for negative labelling. Something similar, in the context of science, could also be said about references to theology, chimeras, etc. These are negative connotations we should avoid, yet this is not to say that there are no rational objections behind these connotations that we should try to explore. In my view, the separation of powers can be factually disputed by pointing out that it does not actually fulfil its objectives, (it is not efficient in their fulfilment), and that it is an unnecessarily complex construction which, in some of its features, does not reflect the logical context, (e.g. its tripartite structure). For now, we understand both these objections as hypotheses to be explored. A third complementary assumption can then be stated about its attraction: its attraction actually lies in the fact that it is a suggestive, rhetorically impressive concept. In other words, its three-member structure was successful

Is Separation of Powers a Useless Concept? Part II: Tripartite System Criticism and Application Problems