Montesquieu

 Montesquieu was born in the region of Bordeaux, France, on January 18,1689 to a

wealthy family.
 His mother died when he was 7 years old, and at age 11, he was sent to the Oratorian
College de Juilly near Paris to study literature, the science and other precepts of a
classical education. He went on to take up law at the university of Bordeaux and began
working in Paris after graduation.
 Montesquieu’s early life occurred at a time of significant government change. England
had declared itself a constitutional monarchy in the wake of its Glorious Revolution
(1688-89), and had joined with Scotland in the Union of 1707 to form the Kingdom of
Great Britain.
 In France, the long-reigning XIV died in 1715 and was succeeded by the five year old
Louis XV. These national transformation had a great impact on Montesquieu; he would
refer to them repeatedly in his work.
 Author:
 Montesquieu withdrew from the practice of law to devote himself to study and
writing. He achieved literary success with the publication of his 1721 Persian
Letters.
 He next published Consideration on the Causes of the Greatness of the Romans
and their Decline (1734), considered by some scholars, among his three best known
books.
 The Spirit of Laws was originally published anonymously in 1748. The book
quickly rose to influence political thought profoundly in Europe and America.
 The Catholic Church banned The Spirit of Law- along with many of Montesquieu’s other
works. In 1751 and included it on the index of Prohibited books.
 Montesquieu was also highly regarded in the British colonies in North America as a
champion of liberty.
 He was troubled by poor eyesight, and was completely blind by the time he died from a
high fever in 1755. He was buried in the Eglise Saint-Sulpice, Paris.

Theory of Separation of Powers

 Montesquieu’s theory of separation of power states that in every democracy there
are three pillars. Each pillar has different functions of their own.
a) Judiciary: interprets the law
b) Executive : implement the law
c) Legislature: frames the law
 Montesquieu proposed in his theory that the power should be equally divided
between these three pillars. He also aimed in his theory that no pillar should be
more powerful than other two pillars.
  Powers should not be concentrated in the hands of any one pillar. If one pillar is
more powerful than other two; than there will be tyranny of that pillar.
 Hence separation of power is necessary. No pillar should intervene in each other
functions. Each pillar should put a check on each other’s power.
 The system of check and balance in the US is evolved from this theory.
 Advantages:
1. Protects the liberty of people.
2. Separation of power increases efficiency of the Government.
3. Checks and balance system prevents the tyranny of any one pillar.
4. Scientific theory in nature.
 Disadvantages:
1. Absolute separation of power is never possible.
2. The Co-ordination between the pillars which improves the quality of work is missing.
3. Only partial separation is possible between the pillars.
4. The theory needs modification and adaptation as per 21st Century Format.
 Conclusion:
1. Montesquieu’s theory is overall an excellent theory as compared to the fact that it
was originated in mid 18th Century.
2. Although certain amount of modification and adaptation is needed to that theory.
Although it is still normal.
3. However this theory is still relevant today as the countries like the US follows this
theory.