Editing Separation of powers (section)

== Theories of division of state power ==
There are different theories about how to differentiate the functions of the state (or types of government power), so that they may be distributed among multiple structures of government (usually called branches of government, or arms).<ref>{{harvnb|Möllers|2019|p=239}}: "The modern theory of separated powers [...] addresses the necessary or possible relations between [institutional] actors and their normative ‘functions’. Legislation, execution of laws and adjudication are ‘functions’ that the states or other public authorities fulfil and that are carried out by respective ‘branches’. In this context, the notion of ‘function’ refers to different types of legally relevant actions."</ref> There are analytical theories that provide a conceptual lens through which to understand the separation of powers as realized in real-world governments (developed by the academic discipline of [[comparative government]]); there are also [[normativity|normative]] theories,<ref>On this distinction, see {{harvnb|Möllers|2019|p=231}}.</ref> both of [[political philosophy]] and [[constitutional law]], meant to propose a reasoned (not conventional or arbitrary) way to separate powers. Disagreement arises between various normative theories in particular about what is the (desirable, in the case of political philosophy, or prescribed, in the case of legal studies) allocation of functions to specific governing bodies or branches of government.{{sfn|Möllers|2019|p=234}} How to correctly or usefully delineate and define the 'state functions' is another major bone of contention.{{sfn|Möllers|2019|p=240}}

=== Legislation ===
{{See also|Legislature#Legislation|Statute}}
The legislative function of the government broadly consists of authoritatively issuing binding rules.

=== Adjudication ===
{{See also|Adjudication|Judgment (law)}}
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The function of adjudication (judicial function) is the binding application of legal rules to a particular case, which usually involves creatively interpreting and developing these rules.

=== Execution ===
{{See also|Executive (government)#Function}}
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The executive function of government includes many exercises of powers in fact, whether in carrying into effect legal decisions or affecting the real world on its own initiative.

=== Additional types ===
{{See also|Government agency|Constitutional court|Election commission}}
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Adjudicating constitutional disputes is sometimes conceptually distinguished from other types of power, because applying the often unusually indeterminate provisions of constitutions tends to call for exceptional methods to come to reasoned decisions. Administration is sometimes proposed as a hybrid function, combining aspects of the three other functions; opponents of this view conceive of the actions of administrative agencies as consisting of the three established functions being exercised next to each other merely in fact. Supervision and integrity-assuring activities (e.g., supervision of elections), as well as mediating functions ({{lang|fr|pouvoir neutre}}), are also in some instances regarded as their type, rather than a subset or combination of other types. For instance, Sweden has four powers, judicial, executive, legislative, and administrative branches.

One example of a country with more than 3 branches is [[Taiwan]], which uses a five-branch system. This system consists of the [[Executive Yuan]], [[Legislative Yuan]], [[Judicial Yuan]], [[Control Yuan]], and [[Examination Yuan]].