Critical Analysis of Good-bye, Montesquieu by Bruce Ackerman
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CRITICAL ANALYSIS OF THE ARTICLE ‘GOOD BYE MONTESQUIEU’
INTRODUCTION:- “Power must never be trusted without a check”.
The French jurist Montesquieu introduced the principle of “Separation of Power” (also known as Trias Politica) for the first time in his book L. Esprit Des Lois (Spirit of Laws) published in 1748. This doctrine mean the fact that one person or body of persons should not exercise all the three powers of the Government viz. legislative, executive and judiciary. It means that they should be separated. As we know everything has its own benefits and has its drawbacks too and the same way Montesquieu thought that it is the best solution to good governance but it has its drawbacks too. The theory of separation of powers and checks and balances are closely related without this any constitution would have been declared null and void. This three ways model of separation of powers is the most important constitutional insight and this is the only reason that various founding members of the various constitutions have adopted this theory with all the changes making it fit for the changing times.
IMPORTANCE OF THE SEPARATION OF POWER:-
The structure of doctrine of separation of power is very rigid and this is one of the main reasons that it is not accepted in majority of the countries in the world. The clear idea of Montesquieu was that to have a government of law