Montesquieu's Separation of Powers PDF
Document Details
Uploaded by YouthfulRhenium
AUB
Tags
Summary
This document discusses Montesquieu's ideas on the separation of powers in government. It argues that separating powers among branches of government is essential for liberty and justice. Montesquieu believed that a tripartite system with legislative, executive, and judicial branches, each with checks and balances, is crucial for preventing the abuse of power.
Full Transcript
1689 - 1755 Montesquieu: Lawyer, & political philosopher Had great impact on liberal and democratic constitutions His ground-breaking theory Separation of Power in government Performance of those in power More important than TYPE of government If the HEAD...
1689 - 1755 Montesquieu: Lawyer, & political philosopher Had great impact on liberal and democratic constitutions His ground-breaking theory Separation of Power in government Performance of those in power More important than TYPE of government If the HEAD is virtuous & fair Government will be in his image: VIRTUOUS & FAIR Who holds power in a Republic? THE PEOPLE The People are Both: SOVEREIGN i.e. RULERS & SUBJECTS i.e. CITIZEN People assume power through ELECTIONS People elects their representatives Representatives elect a president People’s power is SECURED Because they Only delegated their power Montesquieu limited suffrage/election To the educated ELITE WHY? NOT all people are qualified to take responsibility Power in the wrong hands is DANGEROUS Separation of Power Essential in any type of government Individuals or Groups should NEVER have TOTAL control What prevents monopoly of power TRIPARTITE SYSTEM Tripartite system Separation of power among THREE branches of government I. Legislative II. Executive III.Judicial Legislative: i.e. Parliament Power to enact laws Executive: i.e. Cabinet Execution of the laws Judiciary: i.e. Judges, Courts, Interpreting & applying laws Power of any branch Must NOT exceed the power of the others Individually or in Combination This is the only way to guarantee LIBERTY & JUSTICE A system of Checks & Balances must be implemented Duties/obligations of any branch should be CLARIFIED Balance between the three branches should be PRESERVED All three must SHARE Accountability & Responsibility For Montesquieu Separation of State & Church is both: Fundamental & Non-negotiable CHURCH has no role in politics IF the Church tries to play one the state will be RUINED Summation: Montesquieu is the Epitome/Essence of the Enlightenment REASON: basis for human behavior MODERATION: approach of government TOLERANCE: The less effect religion has The more advanced the community
