Separation of powers
The separation of powers is the idea that the main parts of government should be kept apart. These parts are the legislature, which makes laws, the executive, which carries them out, and the judiciary, which judges cases. The idea is that they should be separate in role, powers and responsibilities, with equal power and independence.[1][2][2]
History
Since the time of Aristotle, philosophers have argued that lawmaking, carrying out the law and judging should be kept apart in a well-ordered state.[1] The idea is linked mainly with the writer Montesquieu. It is written into constitutions such as those of France and the United States.[2]
In his book The Spirit of the Laws (1748), Montesquieu warned of the danger when one ruler or group both makes and carries out the laws. He wrote that then there is no liberty, because the same monarch or senate that makes harsh laws may also carry them out harshly.[3]
Criticism
Not everyone agreed fully. Writing in 1931, Harold Laski said that Montesquieu believed separation was the secret of political freedom, but Laski thought he went too far.[1] Laski argued that a rigid separation is impossible in practice.[1]
See also
References
- ↑ 1.0 1.1 1.2 1.3 Laski, Harold J. (2015) [1931]. An Introduction to Politics. Routledge. p. 49. ISBN 9781317586708.
- ↑ 2.0 2.1 2.2 Axford, Barrie; Browne, Victoria; Huggins, Richard; Isaacs, Rico (2018). Politics: An Introduction (3rd ed.). Routledge. p. 324. ISBN 9781317243748.
- ↑ Axford, Barrie; Browne, Victoria; Huggins, Richard; Isaacs, Rico (2018). Politics: An Introduction (3rd ed.). Routledge. p. 325. ISBN 9781317243748.