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Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries ...
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
Montesquieu's philosophy that "government should be set up so that no man need be afraid of another" [17] reminded Madison and others that a free and stable foundation for their new national government required a clearly defined and balanced separation of powers. Montesquieu was troubled by a cataract and feared going blind.
He also notes that liberty cannot be secure where there is no separation of powers, even in a republic. The appropriate framing of civil and criminal laws so as to ensure personal security. Montesquieu intends what modern legal scholars might call the rights to "robust procedural due process", including the right to a fair trial , the ...
Montesquieu pleaded in favor of a constitutional system of government, the preservation of civil liberties and the law and the idea that political institutions ought to reflect the social and geographical aspects of each community. In particular, he argued that political liberty required the separation of the powers of government.
Apart from his contemporaries, only Montesquieu became widely acknowledged as the author of a concept of separation of powers (although he wrote rather on their "distribution"). [ 4 ] According to some scholars, for example, Heinrich August Winkler , the notion also influenced the writers of the United States Constitution who based the idea of ...
Madison states Montesquieu used the British government as an example of separation of powers to analyze connections between the two. Madison quotes Montesquieu in The Spirit of Law as saying the British are the "mirror of political liberty." Thus, Montesquieu believed that the British form of separation of powers was of the utmost caliber.
Secondly, the idea of separation of powers is another theory about how a democratic society's government should be organized. In contrast to legislative supremacy, the idea of separation of powers was first introduced by Montesquieu; [2] it was later institutionalized in the United States by the Supreme Court's ruling in Marbury v.