Who was Montesquieu and on what is his theory of the separation of powers based?

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Who was Montesquieu and on what is his theory of the separation of powers based?




Montesquieu


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Montesquieu


This Wednesday a new control session is held for the Government chaired by Pedro Sánchez and one of the latest controversies that has provoked the confrontation with the Popular Party revolves around the renewal of the General Council of the Judiciary (CGPJ).

So, like every week, the PP spokesperson in Congress, Cuca Gamarra, has questioned the vice president Carmen Calvo Accusing him of supporting “the machismo” of Pablo Iglesias in the Dina case. After Carmen Calvo’s reply, the PP spokeswoman asked a question about democratic quality, warning of the reform of the CGPJ and accusing the central executive of “fraud”.

“They change the rules of the game on the fly, they skip the mandatory ones, twist the parliamentary majorities. You are a fraud: you do not respect the separation of powers and you want to kill Montesquieu again”, Cuca Gamarra pointed out during the session.

In this sense, what does the theory of the separation of powers of the philosopher Montesquieu consist of and why does the Popular Party refer to it? Charles-Louis de Sécondat, lord de la Brede and Baron de Montesquieu, was a philosopher and jurist of French origin born in 1680 in Brede (Bordeaux).

He developed his most important works in the middle of the Enlightenment movement and laid the foundations for the division of powers. Specifically three: executive, legislative and judicial. Political ideas and theories that greatly influenced the formation of modern states. Although he died in 1755, his influence continues to this day.

The theory of the separation of powers was debated by various thinkers and philosophers of the time, the most influential being John Locke and, above all, Montesquieu, Thus, the context framed by the absolutism of Louis XV of France and the constitutional monarchy in Great Britain it was decisive for the later development of Montesquieu’s works.

His most popular texts were Persian letters (1721), Considerations on the causes of the greatness of the Romans and its decline (1734) and Law spirit (1748). With the latter he achieved great international fame as it lays the foundations for the separation of powers against the absolutist regime. According to the French philosopher, power and decisions should not be concentrated to avoid tyranny.

“In each state there are three classes of powers: the legislative, the executive of things pertaining to the law of nations, and the executive of those that pertain to civil”, emphasizes his work. In this way, These three powers had to be separated to guarantee a correct balance and independence with respect to each other.. This was, according to the author, the best system to deal with enlightened despotism.



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