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Montesquieu (1689-1755) is credited with the doctrine of separation of powers. He was the first political thinker who gave a detailed account of this doctrine in his book. Spirit of the Laws. Montesquieu was born in an old military family as Charles-Louis de Secondat near Bordeaux in France only after the death of his uncle in 1716, he inherited the title of a Baron de Montesquieu. He was then known by the name of Charles-Louis de Secondat, baron de La Brede et de Montesquieu.

In his Spirit of Laws, Montesquieu wrote:

In every State, there are three kinds of powers, the legislative power, the power executing the matters falling with the law of nations, and the power executing the matters which fall within the civil law. Through the first, the Prince of Magistrate makes the laws for the time being or for all time, amends or repeals those previously made now unnecessary. Through the executive power, he makes war and peace, sends and receives ambassadors, establishes order and prevents invasions. Through the judicial power, he punishes crimes and adjudicates the disputes of individuals.

He advocated that the separation of powers ensures political liberty. It is a tranquility of mind arising from the opinion each person has of their safety. In order to have this liberty it is required that the government be so constituted as one person need not to be afraid of another. If the power is not divided, he believed, great tyranny can be perpetrated under the shield of law and in the name of justice.

b. Basic features of the doctrine of separation of powers as enunciated by Montesquieu

During the time of Louis XIV, who boasted, "“I am the state”", Montesquieu developed the theory of separation of powers. It was the time of despotic rule where all powers were accrued in the hands of the King and there was no place for individual liberty. Montesquieu felt that it was in the nature of authority to abuse itself. He wrote, “"Constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority until he is confronted with limits."”

c. Checks and balances of powers

In its actual working the principle of separation of powers ensures a system of checks and balances.

Checks and balances means that each organ of the government shall have some accountability towards other organs of the government. Thus, Legislature, Executive and Judiciary are, to some extent, controlled and obstructed by the other two. This process of one organ obstructing the power (with due diligence) of the other organ acts as an antidote to despotism. Thus, while Judiciary has the power to declare the legislative and executive acts unconstitutional, the power of appointment and of impeachment of judges lies with the Executive and Legislature respectively. Also, the Judiciary cannot stop the Legislature from making laws to abrogate its judgments. The Executive cannot reject the Bill for more than two times.

What according to Montesquieu is the consequence of power not separated?

A) Civil war

B) Political weakness

C) Tyranny

D) Backwardness of the nation