Montesquieu's Theory Of Separation Of Power Analysis

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Recommended: Montesquieu Contribution to the Constitution

WESTERN POLITICAL THOUGHT
SUBMITTED BY;- ANUM ZARA SUBMITTED TO:- MISS TABITA
SUBMITTED ON:- 8 DECEMBER 2015
MAJOR;-
POLITICAL SCIENCE
SEMESTER;-
5

MONTEQUIEU THEORY ON SEPERATION OF POWER
Introduction:-
Montesquieu was a French lawyer, man of letters and political philosopher. He is famous for his articulation of the theory of separation of power. Montesquieu was not the first one to develop the theory of separation of power but he only analyzed the function of government. The government consists of three branches having for their functions.
1. Legislative
2. Executive
3. Judiciary Montesquieu saw two types of governmental power …show more content…

Complete Separation is not possible:
The government is a single entity. Its three organs can never be completely separated. The legislative, executive and judicial functions are interdependent and inter-related functions and hence cannot be fully separated.
2. Complete Separation is not desirable:
Complete separation of three organs of government is neither possible nor desirable. It is not desirable because without among mutual coordination these cannot carry out its functions effectively and efficiently. Complete separation of powers can seriously limit the unity and co-ordination needed by the three …show more content…

Unhistorical:
The theory of Separation of Powers is unhistorical since it has never been operative in England. While formulating and advocating this theory, Montesquieu advocated that it was at work in England. Under the British parliamentary system of government, there was and continues to be a close relationship between the British Parliament and the Cabinet. Even there is no separation of judiciary from legislature in so far the British House of Lords acts as the highest court of appeals. The British Constitution has never been based on the theory separation of powers.
5. The three Organs of Government are not equal:
The Theory of Separation of Powers wrongly assumes the equality of all the three organs of the government. The legislature of the state is always regarded as the primary organ of government. The work of the government begins by law-making. However, in actual practice the executive acts the most powerful organ of the government. The judiciary is the weakest of the three organs, yet it is always held in high esteem by the people. Hence the three organs are neither equal nor equally respected.
Advantages:-
Separation of power promotes efficiency in administration and it safeguards the liberty of

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