Separation of Powers Term Paper

Separation of Powers

It is well-known fact that political power is a very dynamic sphere of human relations and there is no doubt that democratic system is the most progressive result of complicated process of society development. Every citizen of any real democratic society knows that government is called to protect his individual rights and interests but at the same time it is clear from the pages of history that state machine was the main violator of citizens' rights.

It had been proved by thousand years of our history that state organs were not able to secure order and peace in the country, guarantee civil rights and provide effective domestic or foreign policy if political power were usurped by one person or group of them. Moreover, these people become dangerous to usual citizens and the main aim is to remove the amount of power they have to make it difficult to abuse.

That is why many philosophers and politicians looked for an alternative state system which would control all spheres of governing and would separate political power into several branches which had to be independent from each other but at the same time cooperate to gain common aim -- prosperity of own state and citizens. So separation of powers prevents concentration of power and endows each branch equal rights to resist interference of other branches. As J. Madison said: "Ambition must be made to counteract ambition" (Federalist Papers No. 51).

It is important to note that American democratic system and its authors used ideas of major European philosophers of Enlightenment epoch and first of all ideas of Charles-Louis de Secondat, Baron de Montesquieu whose names are usually associated with separation of powers doctrine.Their theories have too many different interpretations but the main one -- about separation of powers is connected with understanding of the political liberty. According to Montesquieu political liberty was "a tranquility of mind arising from the opinion each person has of his safety"(The Spirit of Laws Chapter 7, no. 9). Montesquieu separated governmental power according to its functions (legislative, executive and judicial). In other words he explained necessity of separation of powers by the fact that it was the only real condition of political liberty in the state. The main goal of separation according to Montesquieu was avoiding abusing power. Separated branches of power had to cooperate effectively and legislative one was the most important as it promulgated laws. In case of unification of legislative and executive functions in hands of one person or group political, liberty would be not observed as laws and power of governing would serve only to interests of a definite social group. Moreover, if judicial system were combined with legislative one, judge would become a legislator and citizens would suffer law outrage. The same situation would take place in case of combining judicial and executive branches of power because a judge would become an oppressor. Montesquieu marks in conclusion of The Spirit of Laws that "everything would die" if one person or institution would have competence of legislative, executive and judicial power. "Although Montesquieu separated governmental functions and….....