| Soon after its publication the doctrine of separation of powers created an impact on the world. Especially, this doctrine provided strong philosophical bases for revolt against despotism and for the establishment of new systems of government. Within 50 years of its publication this doctrine was serving as the basis for change in France, England, US and also in the colonies of great western powers. |
| In France Montesquieu's doctrine of separation of powers worked along with Rousseau's idea of sovereignty to fuel the revolutionary forces during the time of French revolution. French Declaration of Rights contains passages on the separation of powers. Montesquieu's idea of separation of powers has also greatly influenced the modern democracies. Most of the modern democracies are now modelled on the idea of separation of powers. James Madison, one of the, founding fathers of the Constitution of the US, was notably inspired by Montesquieu's theory. Establishment of an independent Executive (the President), Legislative (the Congress), and Judiciary (the Supreme Court) in the Federal Constitution of US is owed to this doctrine. The American Constitution "was consciously and elaborately made an essay in the separation of powers and is today the most important polity in the world which operates on that principle". Montesquieu also inspired fellow scholars like Italian criminologist and jurist Cesare Beccaria. |
| III. EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS |
| MERITS |
| 1. This doctrine is based upon a true view of human nature. Human tendency of corruption when in power is unanimously recorded by almost all the writers. |
| 2. This doctrine if applied in true spirit can improve the efficiency of administration of government. |
| 3. This doctrine allows people having special skills and abilities to function in the sphere that suits them best. |
| 4. By limited government this doctrine prevents abuse of power and ensures liberty of people. |
| 5. By making Judiciary a powerful and independent organ, this doctrine allows a scope for neutral evaluation of laws made by Legislature. In modern times, an independent Judiciary is seen as the last hope for preserving constitutional values of a democratic country. |
| 6. This doctrine is a corollary to the idea of rule of law. Without this doctrine it is almost impossible to have rule of law. |
| 7. This doctrine belies the organic unity of the government. John Stuart Mill said, "the separation of powers will result in a clash between the three organs of government as each one will take interest only in its own powers". Harold J. Laski wrote, "separation of powers would result in confusion of powers". Herman Finer believed that "complete separation of powers would degenerate lack of unity, harmony and efficiency"; and that "it throws the government in coma and convulsions". Even medieval period scholar St. Thomas Aquinas was against the idea of separation of powers. He said, "The greater the unity within the government itself, the greater the likelihood of achieving unity among the people." |
A) Is related to the idea of separation of powers
B) Is unrelated to the idea of separation of power
C) Is borrowed from the American constitution
D) Is the inherent development of Indian democracy
Correct Answer: A
Solution :
(a) This doctrine is a corollary to the idea of rule of law. Without this doctrine it is almost impossible to have rule of law.
You need to login to perform this action.
You will be redirected in
3 sec
