Separation of Powers: A Comparative Constitutional Study of the United States of America, India and Pakistan

Abstract

This study comparatively analyzes the doctrine of separation of powers in the United States, India, and Pakistan through the competing perspectives of formalism and functionalism. It examines how each constitutional system balances institutional independence with effective governance, highlighting the United States' formalist model of strict separation, India's functionalist approach emphasizing constitutional equilibrium, and Pakistan's evolving experience shaped by constitutional instability and executive dominance. The study argues that neither approach is sufficient in isolation and concludes that a balanced framework combining structural safeguards with functional adaptability is essential for preserving constitutional supremacy, democratic accountability, and the rule of law.

Keywords: Separation of Powers, Constitutionalism, Formalism, Functionalism, Judicial Review, Comparative Constitutional Law, Checks and Balances, Judicial Independence, United States, India and Pakistan.