Montesquieu Separation of Powers:
Mont’s idea about power conservatization policy
Montendur’s doctrine is an important doctrine of power conservatism.
First of all, the broadest and scientific explanation of the power conservatism policy was explained. He is the massiveness. Seeing the principle of self-governance in terms of governance. Montenegro power conservatization #e is an important means of preserving the independence.
Background of power conservatization policy:
During the advent of Montescu, the French dictators also have a source of opinion on the protection of the people’s independence. Do not show Rather, they resort to various provocative ways and perform the freedom of the people.
Monte was a devoted freedom fighter. So how can the freedom of the people be protected? Emerge. Thinking about it, and as a result of this thought, the power of self-determination policy.
Montechenko was also deeply influenced by England’s regime. He remained in England until 1729-1731 and observed political institutions there.
At that time he was impressed with the sufficiency of the sub-division of the people of England. England’s residents have lost such a huge independence on the basis of any special reason or policy, he is. Inquire about me.
As a result of this investigation, he became aware that for the government to run. Vitality powers are entrusted to individual organizations in England and they are free and independent from each other.
Basically, on the basis of this information, he expressed his intention to adopt the policy as an instrument for the independence of the country later, in order to adopt the policy as an imitation policy for the government in various countries.
Montesquieu decides that it is necessary to manage individually. The procedure of each department of the government through the control and balance for the protection of independence.
From the power of monte, However, the law and order of introducing the rule of law and its governance is most important, completely self-sufficient and equitable.
John Locke received inspiration from the power conservatism policy. There is a significant difference between the lock and its principles. The lock is mainly democratic.
In order to introduce it, its power is to coerce the principles of autonomy. However, he mentioned the law as the most important division. According to him, these three departments of the government.
Not dependent and competent. But Montescu did not inspire in the democratic beliefs, which crippled the principle of power conservatism. Its main goal is to ensure individual freedom.
If there is a need to shorten democracy in the interests of individual freedom, he has no objection to doing so – he did not mention any special category as too important. So he There was no favor to divide any other department into another department.
Department of self-help and types of equipment:
According to him, each division is self-reliant and contemporary
So, in terms of the above-mentioned concepts given by Montanecu, it can be said that the power is on three divisions. Or distributed. That is, the Montendous government divided into three categories. Namely: (1) the law. Department, (2) Department of Discipline and (3) The Justice Department
- The work of the law department and the law department is to enact laws in favor of the country’s environment, the situation and according to the demands of the people. This will be the law. Public welfare.
- According to the rules made by the Department of Law and the Law Department, no. Work of the governing department to enforce laws without bias.
- The judiciary’s work is to resolve all kinds of disputes by properly applying the law made by the judiciary and law department.
According to Monteschere, the three categories of the above-mentioned practice range from self-position to specific limits. , That is, a department will be able to interfere or interfere with the power of any other department.
Originally, it was at the core of Montesco’s personal liberty. To ensure independence. He considered it wise to entrust the judicial decision of making laws, implementing the law and making special judgments in the special cases in special cases.
He believes that these authorities will be completely free from one another. Because, if the powers of the same division or person are empowered, then individual freedom is bound to be depleted, Montenku expresses the idea. Therefore, in the interest of the freedom of the individual, the separation of the government’s power is indigent.
Montechenko explained the ruling principle of the ruling principle, that every government has the power of law, governance, and justice. Explaining these three types of power, he said that through the first, the ruler made temporary and permanent laws and amended or canceled the laws made before it.
Through the second he made peace or war, sent or received the ambassador. Established public security and took action against the attack. Through the third, he said. Punish criminals or settle disputes.
When the legislative power of the legislative power is in the same or the same person (over magistrates) is vested. Then there will be no freedom. Again, in that case, there can not be anything called freedom, that is In case of judicial power, it can not be separated from legislative or governing power.
If judicial power is involved with legislative power, the life and liberty of the people will be subject to arbitrary control, in this case, the judge will be the law enforcer.
If the power of judicial power is attached to the power of the ruling, then the consequences will be very terrifying. At the In case, the judge will be the source of envy and repression. everything will end if all the power comes into the hands of the same person or organization. ”
Not only that, for the sake of the independence of the government, all the necessary powers have been told to practice differently through different organizations.
He also said that the powers of each division are mutually controlled by the power of another division. Because he thinks that if the power of each organization is not controlled by the power of one or more other agencies, due to the excess capacity of an organization, it will shrink the powers of two towards independence instead of individual freedom.
Will create threats. Besides, if a special agency is entitled to additional power, other organizations.
It is particularly noteworthy that Montane’s motto of mottoism was the motive of power consolidation, in such a mutual relationship between government’s various capacities
When every human being has the power, he feels the tendency to abuse that power and its worth.
Wants to extend to the end limit to stop abusing this power. Inevitably, it is necessary that the power will be the prevention of power.
In the statement of Moscow, the key sources of control and balance policy of its power are hidden. He said that if all the powers of the government are only one person or one organization.
The only power can control the power, as the thief adopts the technique of catching thieves. So a division of the government will control the other division.
Montane thinks that not only is the power of England that has been made but not here. Arrangements have also been made to maintain a balance through ace control. Professor Daning
the venerable power of the king, the power of parliament’s impeachment power, ministers. Illness, annual budget, rebellion bill, and habeas corpus are described as an example of the general principle of balance between the three divisions of the government through the intermediate control.
Review of Power Conservation Policy:
Thinking about the power of the autocracy policy, it is widely considered today. Has been there. Reflections are given below:
Absolute autonomy of power is impossible
According to the reviewers, full autonomy of power. Never possible Because the three divisions of government can not continue without the help of each other. All tasks are related to each other If fully autotranged, the separation and dissonance between the different departments will be created.
The power is not equal and the three sections of the Montecceau government are equally capable. Have done But the power of the three departments cannot be the same. Because, in the modern parliamentary system, the law department has more than the other two divisions.
It is not good to divide the divisions, according to 4 Jennks, the drama that Montescu’s power has divided into is not correct. Because power is basically two, namely divisional and law-related sections of governance. The judicial system of manipulation
Belongs to the department. According to Willabeeb, apart from the three departments of Montescu, the government has two divisions. Namely and the Election Commission Division and Public Service Commission.
The principle of self-government is not desirable: Many people compare the state with a livelihood. Said that the organs of organisms, such as blood clots, are tied to each other.
The three divisions of government are closely related to each other as well. One to be the other. The government will get rid of completely if it is cut off completely.
Incomplete and Montenegro expressed the opinion, “Individuality can not be preserved without the autonomy of power.” But his opinion is not correct. Because of the people’s watchful eyes. Best Defense of Personality.
Government departments, strictly in relation to performance reduction and power conservatization policies. In the separation of separation. As a result, the harmony of the unit becomes weak and the functioning of the government loses power.
Professor Laski thinks that if the three divisions of the government are fully interconnected If each is separated from each other, it will not be able to control their responsibilities, Will try. As a result, there will be a deadlock in the entire regime.
The irresponsibility and the Laski said if the law department, the judiciary, and the judiciary are fully completed. If working separately, then the responsibilities of each division will be completely abolished. As a result of the individual. Divisions will bring conflict between each other and the revolution will create a conflict.
It is not possible for the public welfare state to implement the policy of public welfare policy in an unpopular and public welfare state. Because of power. The complexity of the principles of autonomicity disrupts the ideals and objectives of the state.
Parliamentary government is not possible in the system and in many countries of the current world parliamentary government There are arrangements.
In the parliamentary system, the power of the law and governance department is in the hands of the ministers, so in this case, the principle of full autonomy can not be enunciated.
Inaccurate information about England’s history and Montana’s power conservatization policy is in England. Established on false information about history.
Because he said power in England’s constitution. Autonomy policy exists. But in reality, there is an integral relationship between the Department of Law and the government department, which is completely contrary to the power separation policy.
Assessment of Power Conservation Policy:
Regardless of the above-mentioned contemplation, it is said that the importance of this principle is very high. Although his power of self-government was misleading as a description of the incident, the students of the theoretical government welcomed him.
Immediately after formulating the constitution, how much of the revolution there is
So it can be said that the power of Monty State politics is largely in power. It is very realistic to preserve the simplest bundle of this theory.
The power of the autonomy policy given to Montrose was real and reasonable. He is more prominent as a proponent of power conservatism in the new history. Because the simple explanation he gave is really praiseworthy. In particular, for guidance on the power of three sections of the government,
There is no way to deny the neglect of the given power of autonomy policy. It is essential to have the power and responsibility of the three departments as well as the government of the Manik State, as well as their ability to work effectively. Citizen Freedom on the system.
Dependent in bisexual. To increase the administrative efficiency of the government partly before part of the power separation policy is essential. The section that is most appropriate for the job, she Duties assigned to the job naturally increases his skills.
Although Melvin Rikter said the power of the constitution of the Constitution as a complete constitutional principle. Do not seem to have too much real groundwork.
Especially in the present time, the prevalence of this policy, such as the dampness, is so severe. Due to the complete separation of power, the disorganization and competition created in the divisions can create dire consequences for the country.
The psychological aspects of doctrine cannot be completely ignored. When it comes to psychological direction, this doctrine shows the way to resist any powerful ambition with some other powerful person.
The ambition is to be prevented by high texts. The separation of power from the Socialist Dynasty, if the principle is judged, if the power is distributed or divided among the various faiths of the society, then they serve as separate gait between the state and the citizens. Civil liberties were saved only because of their mutual conflict and persecution.
Ultimately, after the various reviews, apart from Montanes, the separation and control of the powers conferred and the balance and the policy of the present democratic countries are well received.
In the present world As well as the idea of the welfare state has increased, about 370 people from democratic states today. This policy, given Montaque years ago, has become an indispensable tool for the independence of the world.