Chapter §12.1 INTRODUCTION

• Jurisdiction: Oregon

§12.1 INTRODUCTION

The purpose of this chapter is to consider separation of powers in the context of the Oregon Constitution, in a manner that provides both an accessible format to the attorney and a reliable basis for jurisprudence and further research.

The Oregon Supreme Court interprets Article III, section 1, of the Oregon Constitution in the context of a historical perspective that generally recognizes Oregon's separation of powers provision as consistent with the separation of powers concepts contained in the United States Constitution and other state constitutions containing shared political philosophies. See US Const, Art 1-3; Monaghan v. Sch. Dist. No. 1, Clackamas County, 211 Or 360, 364, 315 P2d 797, 800 (1957).

COMMENT: Article III, section 1, of the Oregon Constitution provides:
The powers of the Government shall be divided into three seperate [sic] departments, the

...