Montesquieu Separation Of Power Essay

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“Power corrupts and absolute power corrupts absolutely.” -John Emerich Edward Dalberg-Acton BACKGROUND In the 18th century French social and political philosopher Charles-Louis Montesquieu coined the term “trias politica” or “separation of power”. Montesquieu’s publication, Spirit of Laws, is deemed as a source of significant political theory and jurisprudence. He divided the political authority of the state into three different branches i.e. the Legislature, the Executive and the Judiciary branches. According to his model, these three powers should be separate and acting independently in order to promote liberty effectively. John Locke, an English Philosopher, too had argued about the positive impact on the society by the mechanism of dividing the legislative power between the king and the Parliament for a better functioning of the government. NEED FOR SEPARATION OF POWERS The Theory of Separation of Powers is based on the ideology of division of the legislative, executive and the judicial functions of the government among separate and independent bodies. This division accomplishes the task of limiting the possibility of concentration of power. A significantly vast variety of arrangements of the legislative, executive, and judicial processes is visible in the modern constitutional systems. The doctrine of Separation of Powers has consequently lost much of its rigidity. During the 20th century, and especially after the World War II, governmental