Diffusion of ideas and comparative law

I. The doctrine of separation of powers As an idea which was ostensibly derived from the domestic constitutional practice of a single state but which has subsequently been adopted as a core constitutional value in many jurisdictions, Montesquieu’s separation of powers theory should be a poster child for the carrying out of constitutional transplants. Widely celebrated and globally diffused, the tripartite model of the separation of powers is generally regarded as one of the most important constitutional insights of the Enlightment era. It has been cited as an influence on the development of the constitutional structures of multiple states, be they the 18 century’s radical new American republic or those states that more recently obtained independence in the post-colonial era or aftermath of the Cold War.