Beyond The Crown: Britain’s Constitutional Imprint On America’s Separation Of Powers
- IJLLR Journal
- Nov 20
- 1 min read
Asst. Prof. Tabassum Sultana, CMR University School of Legal Studies
Anoushka Girish, CMR University School of Legal Studies
ABSTRACT
The doctrine of separation of powers, most notably articulated by Montesquieu in De l’Esprit des Lois (1748), finds its origins in the gradual constitutional evolution of Britain, though it was more rigidly institutionalised in the United States. This paper traces how centuries of English constitutional struggle from the Magna Carta (1215) to the Bill of Rights (1689) influenced Montesquieu’s observations during his 1729–1731 visit to England. Misinterpreting Britain’s “mixed constitution” as a strict division of powers, Montesquieu idealised a balance that inspired the framers of the 1787 U.S. Constitution. America transformed his vision into a concrete system fortified by checks and balances, unlike Britain’s flexible conventions. By juxtaposing Britain’s unwritten pragmatism with America’s codified precision, the paper reveals how philosophical insight, historical context, and transatlantic exchange shaped the modern principle of divided authority.
