Separation of Powers, the Administrative State and Public Administration

The principle of the separation of powers has always struggled to adequately explain and factor in the powers of the increasingly complex administrative state. Various attempts have been made to recast the separation of powers to resolve this difficulty. This paper will survey the various solutions offered, with a view to highlighting areas of administrative activity (including, ‘sub-administrative’ activity and public administration) that may still fall through the gaps and need to be accommodated in any new theory of the separation of powers.