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.