Montesquieu's Relationship In Law, And Bipartite System

MASTERS DEGREE IN AVIATION LAW AND AIR TRANSPORT MANAGEMENT (MALATM)

RESEARCH PROJECT:
Separation of Powers: Myth or Reality

By
C.H.Jayakrishna
Sl No. 39

SUBJECT:
GENERAL PRINCIPLES OF LAW

Date of Submission: 05/09/2014 NALSAR Center of Air and Space
University of Law Law
Hyderabad. NALSAR, Hyderabad.
TABLE OF CONTENTS
S. No. Chapter Name Page Number
1. Introduction
2. History/Antiquity 3
3. Montesquieu’s Tripartite system 3
4. Bipartite system 4
5. Comparison between Tripartite and Bipartite national systems
6. Three branches
7. Executive
8. Legislature
9. Judiciary
10.

Later it was ‘Baron de Montesquieu’, a French enlightenment political philosopher, who ascribed the term ‘Tripartite system’ in his “The Spirit of laws”, 1748. Tripartite system means division of the government into three compartments or organs. His thought was to decentralize the power of the monarch or a similar ruler. He took the British constitutional system and discerned separation of powers among the monarch, parliament and the court of law. Later he also compares the Roman Republic system to add value to his explanations.

2. Montesquieu specified that the independence of the judiciary has to be real and not merely apparent. Judiciary is seen as most powerful, independent, and unchecked, and was considered dangerous.[1] The judiciary was generally seen as the most important of powers independent and unchecked.

3. Classification of separation of powers: there are two types of separation of powers namely: 1.Bipartite system and 2.Tripartite system.

CHAPTER IV: BIPARTITE