A report on The Spirit of Law, Montesquieu and Constitution
The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix ), also known in English as The Spirit of the Laws, is a treatise on political theory, as well as a pioneering work in comparative law, published in 1748 by Charles de Secondat, Baron de Montesquieu.
- The Spirit of LawHe is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world.
- MontesquieuHis anonymously published The Spirit of Law (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution.
- MontesquieuHe pleads for a constitutional system of government with separation of powers, the preservation of legality and civil liberties, and the end of slavery.
- The Spirit of LawIt is notable in that it established a democratic standard for the separation of powers in government between the legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws.
- ConstitutionThe Swedish constitution of 1772 was enacted under King Gustavus III and was inspired by the separation of powers by Montesquieu.
- Constitution2 related topics with Alpha
Constitution of the United States
1 linksSupreme law of the United States of America.
Supreme law of the United States of America.
It superseded the Articles of Confederation, the nation's first constitution.
The Virginia Plan (also known as the Large State Plan or the Randolph Plan) proposed that the legislative department of the national government be composed of a Bicameral Congress, with both chambers elected with apportionment according to population. Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties.
In his The Spirit of Law, Montesquieu argues that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial.
Separation of powers
1 linksSeparation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
The term "tripartite system" is commonly ascribed to French Enlightenment political philosopher Baron de Montesquieu, although he did not use such a term but referred to "distribution" of powers.
In The Spirit of the Laws (1748), Montesquieu described the various forms of distribution of political power among a legislature, an executive, and a judiciary.
Constitutions with a high degree of separation of powers are found worldwide.