Montesquieu = In Context: 1. Ideology: Constitutional politics: m. 5: Separation of powers M, 508 BCE: After the overthrow of King Lucius Tarquinius Superbus the Roman Republic is founded in which a tripartite system of government evolves 8. 1689: After the glorious revolution in England @ constitutional monarchy is established. I. After: A. 1787: The constitution of the US is adopted in Philadelphia. 8, 1789-99: During the French Revolution a secular democratic republic replaces rule by the monarchy and the church. C. 1856: Alexis de Tocqueville publishes The Old Regime and the Revolution an analysis of the fall of the French Monarchy. Ve Key Works: A. 1721 Persian Letters 8. 1734 considerations on the causes of the greatness of the Romans ond their decline C1748 The spirit of the lows. "Philosophy of history: A. Natural laws: Individual events or people role and responsibilities have very less role in shaping the historical events. There are some larger lavs and patterns that dri historical events and is called principal movements or natural laws. A common ‘example of this isthe fall of Rome from democracy to autocracy. It was not because of ambition of Caesar and Pompey rather ambition of man. Had it not been for Caesar it would have been someone else because man is selfish by nature. The universe in its nature exhibits regularities that we call laws. These laws are cognizable through the use of reason. Government and self-regulation are one such ‘outcome of human reason. E.g., need for peace and security led them to being entered into a social contract. 8. Meteorological climate theory: This is about climate and geography. Montesquieu was one of the earliest philosophers who discussed climates role and influence on the ‘nature of man and society which in turn influences political outcome, development «and rise and fall of nations. There are certain climates which are better then others with temperate climate of France being the ideal. Also, people in very hot zones are hhot tempered and those who live in cold areas are more ideal. Environment conducive to agriculture and the domestication of wild plants and animals give rise to ‘increasingly complex and centralized state systems. This is because there will be ‘more agricultural productivity and more surplus money leading to surplus material goods and more state building and institutions. This is how the outcome of political development will be determined, Y Gritical Analysis: Guns, germs and steel: The fates of human societies by Jared Diamond was published in 1990's and is a modern research on how ‘geography determines the prosperity of nations. He builds on the samepremise that Montesquieu did but used experimental and empirical evidence to prove that. This proves the theory of Montesquieu. Its stated that certain climate and geography have more productive agriculture. They are the temperate regions. Here more domestication, fertile lands, agriculture productivity are there. Since its more there Is more accumulation of wealth due to which there is more state building and centralized states are for more time. As they are for more time it has better administration leading to stronger institutions. Similarly, geography and climate also determine the prevalence of diseases. Tropical countries like sub-Saharan Africa are at a disadvantage because certain diseases like Malaria do not have any treatment. Malaria is not present in other countries where there is more ‘money where billions of dollars are being spent in medical field. Since more people are sick in tropical countries the population is sick leading to less chances of prosperity and development. Similarly, access to rivers also determine them. Land locked countries are poorer. E.g., Western Europe and North America have had a productive climate hence more money as compared to Sub-Saharan Africa. Also, Afghanistan and Bolivia are land locked countries hence are at a disadvantage as it costs 7 times more to transport a cargo by land as compared to sea. ike Aristotle, Montesquieu also attempts to classify different Types of governments: forms of government. The classification of government depends on: Y Nature: Definition of where the sovereign power lies. Y Principle: In the absence of which the system will not work and function. He states that there are 3 types of government's i.e. Y Despotisms: By nature, the sovereignty lies in one person rather arbitrary ‘and capricious government by one person. It operates on the principle of fear or servility of those subjected to it. Since the people are fearing the rulers they do not revolt. Montesquieu regarded this as an unnatural government ‘from which law is absent and hence did not like it. ¥ Republics: Bu nature the sovereignty lies with free citizens who can vote and the elected representatives and nobles represent these voters. They are generally democratic countries. It operates on the principle of strong sense of civic virtue and public spirit. f not, there it will not function. E.g., voting is a civic virtue and if it isn’t there then a republic cannot survive. Montesquieu regarded it as a blend of aristocracy and democracy because representatives especially at time of Montesquieu were more aristocrats. Voters did vote but the ones the voted for were aristocrats, educated and property-owning men. People within house of lords in UK were aristocrats. Y Monarchies: By nature, sovereignty lies with one man restricted by the countervailing influence of the intermediary powers such as the parliaments, nobility and clergy. Montesquieu talked about limited monarchy. It operates on the principle of sense of honor and a strong sense of rank and distinction especially a taste of military accomplishments. A monarchy is what Montesquieu thinks France should be. A despotic regime is what he thinks it has become under the regime of Louis XIV.D. Separation of power: Montesquieu is the father of this theory. E. Legacy: His ideas influence the constitution of USA. E.g., president is not part of congress and can VETO its decisions. Legislation can counter VETO it. Judiciary can invalidate any law through judicial review. Thomas Jefferson who is one of the founding fathers of USA was inspired by Montesquieu. Similarly, James Madison’s federalist papers are inspired by Montesquieu. = Montesquieu’s theory of separation of powers: The separation of powers is a representation for the governance of a state. Under this model a state’s government is divided into branches each with separate independent powers and responsibilities so that power of one branch is not in conflict with those of the other branches. Separation of powers requires a different source of legitimization or a different act of legitimization from the same source ‘for each of the separate powers. E.g,, it is important for separation of power that the organs are constitutionally differentiated. However, if constitution is granting them separation but on the other hand legislative is not then there is no separation of power. A. Influence on the philosophy of Montesquieu: He based this model on the constitution of the Roman republic and the British constitutional system. Montesquieu took the view that the Roman republic had powers separated so that no one could usurp complete power between senate and 2 consuls. Roman empire has been the longest 'blic there would be a senate and the notables reigning empire. Within Roman repu would be the members. Membership would be hereditary. With senate there would be 2 counsels. 1 year 1 would be the PM and the other year the other would be the prime minister. Hence the power was divided between the senate and the 2 counsels. In the British constitutional system Montesquieu discerned a separation of powers among the Monarch, Parliament and the courts of law. All this inspired Montesquieu that there is a need for separation of power because when all this finished in Roman empire and Julius Caesar came followed by Augustus Caesar Rome transformed from republic to an empire. Similarly, in the British constitutional system Montesquieu discerned a separation of powers among the Monarch, Parliament and the courts of low. Trias Politica or Tripartite Political model: Hence, he broadly classified it into Tripartite system. The term tripartite system is commonly ascribed to French Enlightenment political philosopher Baron de Montesquieu although he did not use such a term but referred to distribution of powers. In his book the spirit of the laws (1748) 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 aristocrats. The typical division is into three branches i-e., a legislature, an executive and a judiciary, which is the Trias Politica model.©. Strict and loose separation: Strict Separation Loose Separation Legislature, executive and judiciary are | Fusion of Legislature and Executive and completely separate | Judiciary is separate Autonomous Semi-auton | | Presidential system } Parliamentary or Semik-presdential | [system _ United States Uk, France J Montesquieu actually specified that the independence of the judiciary has to be real and not merely apparent. The judiciary wos generally seen as the most important of the 3 powers, independent and unchecked because if they become dependent then they won't be able to operate autonomously and people would not be protected. D. SoP and Checks and Balances: From this the concept of checks and balances was derived. The doctrine of separation of powers meant that the power of government should be divided up into legislative, executive and judicial. Each function of government must not exercise the power of another. However, in order to prevent ‘one from becoming supreme the branches must check and balance on each other which would allow one to limit another. The principle of checks and balances is that each branch has power to limit or check the other 2, which creates a balance between the 2 separate branches of the state. This principle induces on branch to prevent either of the other branches from becoming supreme thereby securing politica liberty. James Madison himself and Emanuel Kant was inspired from this concept. The origin of checks and balances like separation of powers itself specifically credited to Montesquieu in Enlightenment in the Spirit of laws 1748 Under this influence it was implemented in 1787 in the constitution of US. Immanuel Kant stated that the problem of setting up a state can be solved even by a nation of devils so long as the possess an appropriate constitution to pit opposing factions against each other. James Madison wrote in his federalist paper No.51 that ambition must be made to counteract ambition. If men were angels no government would be If angels were to govern men neither external nor internal controls on necessary. government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this. You must first enable the government to control the governed and in the next place oblige it to control itself. E. Application of SoP and Checks and Balances: US case study: Y Legislative writes laws and confirms or rejects appointments by executive including judges. Y” The executive enforces laws and can appoint judges and can also VETO legislation. Y The judicial can interpret laws and can declare acts of the legislative or executive branch to be unconstitutional. F. Critical Analysi |. Keeps abuse of power in check 2. Prevents Tyranny 3. Protects liberty of citizens and Ensures smooth functioning of state 4. Bedrock of constitutional and democratic systemnshort Separation of Power and Checks and Balances UecIstarive sranen (congress | Reais aaa [EXECUTIVE BRANCH (President) ee adlona cetaetnd Prpeae JUDICIAL Baa ssminson th twn ‘upreme Cour Montesquieu as Aristotle of 18" century: 1. Both Aristotle and Montesquieu classified several types of government on the basis of the number and the way in which these are ruled. Aristotle has 6-part classification Where as Montesquieu classified them into despotism, republics and monarchies. He applied the Aristotelian method of deductive and historical tradition as Dunning says, “the method applied by Montesquieu in the solution of the problem is that or Aristotle.” They both use this to identify general raws. For Aristotle it was @ general Meta narrative that their political change is in cycles. For Montesquieu it was the philosophy of history (natural laws) i., history operates in specific natural laws, He paid attention to the influence of the physical environment on social institutions and life of men like Aristotle. Aristotle was a pseudo-scientist and based on those he gave his natural laws idea. Aristotle's realist political theory was similar to Montesquieu’s meteorological climate theory. Montesquieu follows Aristotle by saying that law of society gives it peculiar and particular character as Aristotle paid long ago that constitution determines the life and character of its people and with the change of constitution state becomes a different state. Aristotle’s idea of Man being a political animal was similar to Montesquieu’s spirit of laws. Both Aristotle and Montesquieu believed that fundamental types of constitutions may vary under the impact of local conditions. Aristotle was a realist political thinker unlike Plato who was idealistic. Aristotle accepted that there are different local conditions which lead to development of constitution. 6. Both were extremely influential. Aristotle was considered final word for over 1000 ideas were proven wrong after Enlightenment era years after which almost all hi and Renaissance. He was considered the first teacher in Islamic world and there would be Aristotelian philosophers. Even a joke was based on this that how many medieval philosophers does it take to change a light bulb. 1 to change and the other 2 to praise Aristotle. Montesquieu’s SoP enshrined in all constitutional democracies across the world. Riss