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    Separation of Powers: Montesquieu in His Book "Spirit of Laws, 1748", Before Him John Locke Had Also Talked About

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    Vaibhav
    The document discusses the doctrine of separation of powers which divides government into three branches - the executive, legislature, and judiciary. It was first formulated by Montesquieu who argued liberty is best safeguarded by separating powers. The US Constitution incorporated this in its first three articles assigning legislative, executive, and judicial powers separately.

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    Separation of Powers: Montesquieu in His Book "Spirit of Laws, 1748", Before Him John Locke Had Also Talked About

    Uploaded by

    Vaibhav
    13 views1 page
    The document discusses the doctrine of separation of powers which divides government into three branches - the executive, legislature, and judiciary. It was first formulated by Montesquieu who argued liberty is best safeguarded by separating powers. The US Constitution incorporated this in its first three articles assigning legislative, executive, and judicial powers separately.

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    AM VI

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    The document discusses the doctrine of separation of powers which divides government into three branches - the executive, legislature, and judiciary. It was first formulated by Montesquieu who argued liberty is best safeguarded by separating powers. The US Constitution incorporated this in its first three articles assigning legislative, executive, and judicial powers separately.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    13 views1 page

    Separation of Powers: Montesquieu in His Book "Spirit of Laws, 1748", Before Him John Locke Had Also Talked About

    Uploaded by

    Vaibhav
    The document discusses the doctrine of separation of powers which divides government into three branches - the executive, legislature, and judiciary. It was first formulated by Montesquieu who argued liberty is best safeguarded by separating powers. The US Constitution incorporated this in its first three articles assigning legislative, executive, and judicial powers separately.

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    © All Rights Reserved
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    Separation of Powers

    It is a doctrine of Constitutional Law under which the three branches of the government, I.e.,
    the Executive, Legislature and Judiciary are kept separate from each other. It is one of the
    parts of constitutionalism that helps in maintaining the checks and balance as each branch is
    given separate power as to check and balance the other. The boundaries are demarcated and
    generally each branch is not allowed to exercise the power of the other.
    This helps in curtailing the arbitrary use of powers by the government, and helps in unfolding the
    objective of constitutionalism.
    The first modern formulation of this doctrine was given by the French Philosopher,
    Montesquieu in his book “Spirit of Laws, 1748”, before him John Locke had also talked about
    the same about dividing the legislative powers between the King and the parliament.
    According to Montesquieu, liberty is most effectively safeguarded by the separation of power.
    This was widely observed, and as a result it was incorporated in the US Constitution in its first 3
    articles giving the Legislative powers to Congress, Executive to President and the Judicial
    powers to the US Supreme Court. And, the same has also been followed in India as Article 121
    states that No discussion shall take place in Parliament with respect to the conduct of any Judge
    of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for
    presenting an address to the President praying for the removal of the Judge as hereinafter
    provided. Similar provisions are there regarding state legislatures.
    In India, because of Parliamentary system of government, there is no strict separation of Power.
    As administration is always marred by politics as the ministers involved are part of both the
    executive and legislative. On the other hand, in UK it’s more or less like India only.

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