» « Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined to the executive power, the judge might behave with violence and oppression. The cause was not the ambition of Caesar or Pompey, but the ambition of man. In the latter there are four main actors. The third branch, headed by the Supreme Court, is the Judicial Branch. The Prime Minister, the Chief Executive, sits as a member of the , either as a peer in the or as an elected member of the by convention, and as a result of the supremacy of the Lower House, the Prime Minister now sits in the and can effectively be removed from office by a simple majority vote. Producing a despotic government, by contrast, is relatively straightforward.
The executive officer ought to have a share in the legislative power by a veto over legislation, but he ought not to have the power to enter positively into the making of legislation. It controls the power of the government, forcing it to be accountable. The judiciary had a position of independence in his thought greater than that of earlier English writers, and greater than it was in practice at that time in England. Its origin can be traced back to Aristotle, the father of Political Science. Ideas which had blossomed in the English Civil War, but which had been premature and unrealistic in terms of the then existing society, could now find fertile ground in the British colonies of North America and in France. In 1722 he began his literary career when he published The Persian Letters, a famous, insightful satire of Parisian and French society. They are both restrained by the executive power, as the executive is by the legislative.
Heexplained how governments could be preserved from corruption. In the first the people is possessed of the supreme power; in a monarchy a single person governs by fixed and established laws; in a despotic government a single person directs everything by his own will and caprice. In his magnum opus, Baron Montesquieu expressed his belief that the English constitution epitomized the separation of powers. The term separation of powers originated with the Baron de Montesquieu, a French enlightenment writer and John Locke, an English Philosopher. Government Separation of powers was first established in the , the founding fathers included features of many new concepts, including hard-learned historical lessons about the checks and balances of power. He, therefore, advocated separation of powers coupled with a device of checks and balances. He left Italy and travelled through Germany, Holland and Poland in 1729.
Through the machinery of Enlightenment Montesquieu wanted the overall progress of society. This includes the popularly elected as well as the and cabinet. From 1700 to 1705, as a boarding school student, he attended the College of Oratorian Monks in Juilly, not far from Paris, known for the critical spirit that prevailed there. New Zealand's is based on the principle of separation of powers through a series of constitutional safeguards, many of which are tacit. At one point he seems to be saying that a mixed constitution is impossible, or at least that he knows of none that exists. Separation of powers is a political doctrine of constitutional law which creates the division of governmental responsibilities into different branches in order to limit one group form exercising the powers of another.
This government is a representative democracy, where the people elect officials to run the government for them. In his view the relations are practically built upon reason and, finally, on law. Here, as in his description of the English Constitution, Montesquieu was concerned with the control of arbitrary power, but in a different way, and in a different context. Higher bench of judges can set aside the incorrect judgements of smaller bench of judges to uphold the constitution. Even there are other types of laws. Lettres sur les Anglois, Basle, 1734, p.
Here we have the source of the confusions on this subject. He pointed out that the legislative, executive and judicial powers of government should be vested in three separate organs. Ministers are formally appointed by the King, though in practice the decides the composition of his cabinet. There would be an end to everything, were the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized.
The Comptroller also provides financial vigilance over government offices and office holders, and routinely brings actions to remove mayors for malfeasance, firmly establishing this organization as the fifth branch of the Republic. Because it is apprehended that the same person may enact oppressive laws to execute them whimsically. Quotations are from the translation by Thomas Nugent, ed. He is best known for his articulation of the theory of separation of powers, which is taken for granted in modern discussions of government and implemented in many constitutions throughout the world. As a result of this, Montesquieu was elected as a member of Académie Française on January 24th 1728.
Carré de Malberg, Paris, 1933, pp. Of all the ways in which a country might seek to enrich itself, Montesquieu believes, commerce is the only one without overwhelming drawbacks. When writing of monarchy he does not envisage a separation of legislative and executive functions in practice, so the question of personnel does not arise; however, he does express shock at the idea that royal ministers should also sit as judges. Maclver feels that this theory of separation of powers leads to isolation and disharmony. In the original constitution of 1814 the Montesquieu concept was enshrined, and the people at the time had the same skepticism about political parties as the American founding fathers and the revolutionaries in France. Olmstead, History of Religion in the United States, pp.
The government is like all things in the world to preserve it, he must love it. Two years later he published a Defense of the Spirit of the Laws to answer his various critics. Montesquieu is not a utopian, either by temperament or conviction. Were it joined to the executive power, the judge might behave with violence and oppression. The judiciary has no power to strike down primary legislation, and can only rule on secondary legislation that it is invalid with regard to the primary legislation if necessary. The Spirit of the Laws.
The senate considers presidential appointments of judges and executive department heads. When the work appeared it was clearly not a piece of transient political propaganda, as had been many of the writings we have so far surveyed—it was the result of twenty years of preparation, and was intended as a scientific study of government, encompassing the whole length and breadth of history, and accounting for all the factors affecting the political life of man. By the third, he punishes criminals and determines the disputes that arise between individuals. Within the next fifty years men were to be called upon to create new institutions, to attempt to establish new systems of government. If different persons or bodies exercise these powers, then each can check the others if they try to abuse their powers. For this reason you'll find very little on the topic of separation of powers or checks and balances in the works of Norwegian political sciences today.