Baron De Montesquieu: The Separation Of Power?

HISTORICAL BACKGROUND
There is an age old saying which finds its relevance today as well, that “power corrupts and absolute power corrupts absolutely”. In order to prevent the control of forces such as tyranny and authoritarianism, man has been trying to evolve certain control mechanisms . Separation of Powers is one such control mechanism.
Although it is impossible to point out precisely origin or genesis of the doctrine of Separation of Power, we find the mention of rudimentary of separation of powers in the writings of great Greek philosopher Aristotle. In his writings, Aristotle clearly remarked:
“There are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it; if these

Montesquieu was born at the time France was being ruled by Louis XIV, the monarch who came up with the phrase, “I am the state”. All the powers of the State vested in one person. Montesquieu visited England in 1726 and he was greatly influenced by the freedom spirit that was prevalent in England. He observed the freedom enjoyed by the people in England and came to the conclusion that this freedom being enjoyed by the people was only possible because the powers of all three organs of the State was vested in different people and all the organs were free from the control of the other. He was also intrigued by the power of the British Parliament and the freedom exercised by the judiciary. Influenced by the Separation of Powers in England, he called for a change in system in France stating that for the protection of freedom in France, it is necessary that all the three organs should function separately. The concentration of all the three powers in the hands of one person was not desirable at all, because it would destroy the freedom of the people. He emphasised particularly on the freedom of judiciary and granting power to the Parliament of the

Therefore, he called for all three types of Government functions should be performed by distinct persons within the spheres of powers assigned to them.
Montesquieu’s “Separation” took the form, not of impassable barriers and unalterable frontiers, but of mutual restraints, or of what afterwards came to be known as “checks and balances”. The three organs much act in concert, not that their respective functions should not ever touch one another. If this limitation is respected and preserved, “it is impossible for that situation to arise which Locke and Monstequieu regarded as the eclipse of liberty-the monopoly, or disproportionate accumulation of power in one sphere.”
The man behind the principles is to protect the people again capricious tyrannical and whimsical powers of the