Editing Separation of powers (section)

=== Tripartite system ===

During the [[English Civil War]], the parliamentarians viewed the English system of government as composed of three branches – the King, the [[House of Lords]], and the [[House of Commons]] – where the first should have executive powers only, and the latter two legislative powers. One of the first documents proposing a tripartite system of separation of powers was the [[Instrument of Government]], written by the English general [[John Lambert (general)|John Lambert]] in 1653, and soon adopted as the constitution of England for few years during [[The Protectorate]]. The system comprised a legislative branch (the Parliament) and two executive branches, the [[English Council of State]] and the [[Lord Protector]], all being elected (though the Lord Protector was elected for life) and having checks upon each other.<ref>Vile, M. J. (1967). The separation of powers. In: Greene, J. P., & Pole, J. R. (Eds.). (2008). ''A companion to the American Revolution'', Ch. 87. John Wiley & Sons.</ref>

A further development in English thought was the idea that the judicial powers should be separated from the executive branch. This followed the use of the juridical system by the Crown to prosecute opposition leaders following [[The English Restoration|the Restoration]], in the late years of [[Charles II of England|Charles II]] and during the short reign of [[James II of England|James II]] (namely, during the 1680s).<ref>Marshall J. (2013). Whig Thought and the Revolution of 1688–91. In: Harris, T., & Taylor, S. (Eds.). (2015). ''The final crisis of the Stuart monarchy: the revolutions of 1688–91 in their British, Atlantic and European contexts'', Chapter 3. Boydell & Brewer.</ref>

The first constitutional document to establish the principle of the separation of powers in government between the legislative, executive, and judiciary branches was [[Constitution of Pylyp Orlyk|Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host]], written in 1710 by [[Ukraine|Ukrainian]] Hetman [[Pylyp Orlyk]].<ref>{{Cite web |title=Embassy of Ukraine in the Republic of Iraq – the constitution of Philip Orlik in 1710 |url=https://iraq.mfa.gov.ua/en/news/constitution-philip-orlik-1710}}</ref>{{verify source|date=May 2021|reason=Source is in French, but I see no mention of Pylyp Orlyk in it and, looking at [[The Spirit of the Laws]] article, it seems an odd source to cite in support of this assertion.}}