who wrote the spirit? of laws what did the author purpose in this book?
Dear Student,
a. The Spirit of the Laws, was written by Montesquieu.
b. Montesquieu​'s philosophy outlined constitutional monarchy, in his book spirit of law where the powers are not centralised or in total control of the monarch, but regulated by the constitution.
c. He outlined the idea and principle of separation of power, where the power is divided among different organs of the government, that is where power is shared among the Legislature, Executive and the Judiciary.
d. Under this arrangement powers, jurisdiction of each organ is clearly defined. This ensures the principle of separation of power .
e. However to ensure that no organ misuse its powers there is a system of checks and balances.
f. For example. Executive is responsible and accountable to the legislature.
g. Similarly, Judiciary keeps a check on both the legislature and the executive branches of the government. Judiciary can declare any law passed by the legislature or any action of the executive null or void if it goes against the provision of the Constitution.
h. This system prevents arbitrary exercise of power.
i.US constitution for instance borrowed the principle of separation of power and checks and balances from Monstesquie theory.
Regards
a. The Spirit of the Laws, was written by Montesquieu.
b. Montesquieu​'s philosophy outlined constitutional monarchy, in his book spirit of law where the powers are not centralised or in total control of the monarch, but regulated by the constitution.
c. He outlined the idea and principle of separation of power, where the power is divided among different organs of the government, that is where power is shared among the Legislature, Executive and the Judiciary.
d. Under this arrangement powers, jurisdiction of each organ is clearly defined. This ensures the principle of separation of power .
e. However to ensure that no organ misuse its powers there is a system of checks and balances.
f. For example. Executive is responsible and accountable to the legislature.
g. Similarly, Judiciary keeps a check on both the legislature and the executive branches of the government. Judiciary can declare any law passed by the legislature or any action of the executive null or void if it goes against the provision of the Constitution.
h. This system prevents arbitrary exercise of power.
i.US constitution for instance borrowed the principle of separation of power and checks and balances from Monstesquie theory.
Regards