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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 treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America.
By far the most important French sources to the American Enlightenment were Montesquieu's Spirit of the Laws and Emer de Vattel's Law of Nations. Both informed early American ideas of government and were major influences on the U.S. Constitution. Voltaire's histories were widely read but seldom cited.
Montesquieu identifies three main forms of government, each supported by a social "principle": monarchies (free governments headed by a hereditary figure, e.g. king, queen, emperor), which rely on the principle of honor; republics (free governments headed by popularly elected leaders), which rely on the principle of virtue; and despotisms ...
In The Spirit of Law (1748), [17] Montesquieu described the various forms of distribution of political power among a legislature, an executive, and a judiciary. Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as ...
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.
Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties. [9] The New Jersey Plan proposed that the legislative department be a unicameral body with one vote per state.
The concept of despotism, and especially oriental despotism, entered European political thought with Montesquieu's The Spirit of the Laws in the 18th century. The idea was not new or unique to Montesquieu's work, but Montesquieu's work is widely regarded as having been the most influential on modern political thought. [4]