CONSIDERING POWER IN SEPARATION OF POWERS

Samuel Cooper summarizes the two leading theories of separation of pow ers: formalism and functionalism. Finding neither of these theories pe rsuasive, he proposes a ''power analysis'' framework. Power analysis s eeks to define the nature of legislative and executive power, and then uses those definitions to analyze separation of powers conflicts. Thi s approach views legislative power as encompassing all policymaking, a nd executive power as ministerial. Mr. Cooper argues that tracking the nature and use of legislative and executive powers provides a better framework for resolving separation of powers conflicts.