Separation of Power

INTRODUCTION

The separation of agencys is a constitutional principle designed to curb that the functions, personnel and powers of the major institutions of the state are not voiceless in any ane body. It ensures a diffusion kinda than a concentration of power within the state. The fundamental heading of the separation of powers is to avoid the abuse of power and thereby to nurture the rights and liberties of citizens. The concept itself is of great antiquity and tush be attributed to Aristotle, however, the clearest explanation of the doctrine can be found in the french writer Charles- Louis de Montesquieus. In essence, Montesquieu states that the three organs of government, the executive, legislature and judicial system should each have a discrete and defined land of power and that there should be a clear product line of functions between them. His quest was to find the best way of attaining civilian liberties for the individual. He argued that if all the powers of the state were placed in one person or one organ, there will be dictatorship and this would result in abuse of civil liberties.





Montesquieu started from a rather gloomy view of human nature, in which he saw man as exhibiting a general design towards evil, a tendency that manifests itself in selfishness, pride, envy, and the seeking after power. He argued that, although man is a reasoning animal, he is led by his desires into immoderate acts. Of the English, Montesquieu wrote that A people like this, being perpetually in ferment, are more easily conducted by their passions than by reason, which never produced any great effect in the listen of man. In the realm of politics this is of the greatest consequence as constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as outlying(prenominal) as it will go. However, this tendency towards the abuse of power can be moderated by the constitution of the particular country, for, although by no means a starry-eyed utopian,...If you want to get a full essay, order it on our website: Ordercustompaper.com



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