Separation of powers: the Biblical foundations of the separation of powers and the catalytic judicial role

This book chapter argues that the Bible provides a justification for the separation of powers and, in particular, for a conception according to which, judges should be empowered with a catalytic role. It claims that, following the scriptures, prophets play a catalytic role in incentivizing political authorities to behave in a virtuous manner for protecting the rights and interests of the people. An appropriate conception of the separation of powers in a constitutional democracy requires reigniting that role. Judges are in the best position to play it. The judiciary should prompt the other branches to act according to their mission but not to supplant them.