Montesquieu Theory of Separation of Powers

Montesquieu is the chief architect of the principles of Separation of powers. He in his book The Spirit of Laws published in 1748 gave the classic exposition of the idea of separation of powers. During his days the monarchy in France had established despotism and the people enjoyed no freedom. The monarch was the chief law giver, executor and the adjudicator. Montesquieu developed the theory of separation of powers as a weapon to uphold the liberty of the people. He believed that the application of this theory would prevent the over growth of a particular organ which spells danger for political liberty.

According to him the legislative, executive and judicial powers of government should be vested in three separate organs. They should not be concentrated in the hands of one man or a group of men. The fundamental object behind Montesquieu Doctrine was the liberty and freedom of an individual. Montesquieu though- If separation of power established in the society people will enjoy liberty and freedom.

In simple words Montesquieu view is that the three organs of government should be so organized that each should be entrusted to different persons and each should perform distinct functions within the sphere of power assigned to it.

 

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