Montesquieu's Theory of Separation of Powers
Montesquieu is one of the early philosophers who developed the theoretical framework for how the best governments could function. He developed the theory of separation of powers, which allows independent arms of government to collaborate for a common goal. In this sense, he identified the executive, legislature, and judiciary as the primary factors that would assure comprehensive public service delivery. He also identified the component of tyranny that threatened to disrupt the government's functionality by focusing on the wrong things. Essentially, he was able to lay down possible strategies which have been incorporated in today's governments and which seek to ensure the overall adoption of the given systems of governments (Bruff, 2014).
Criticism of the Separation of Powers Formula
However, in recent years, critics have come out in contradiction to the concept by explaining that the separation of powers formula only helps exercise the government's dysfunction. This has not been the case as the paper will explain, using relevant examples of countries that have adopted the system.
The Importance of Separation of Powers in Government
Separation of powers in any country is an important attribute that allows the independent arms to work together cohesively while focusing on different aspects. Moreover, it limits a particular arm from gaining too much power which makes it to control other parties. This situation can possibly lead to anarchy and dictatorship which go against the rules of natural justice in the modern systems of governments. Montesquieu explained the need to adopt the executive, legislature and the judiciary in lieu of such a situation and the need to avoid it (Gradabaum, 2014). He argued that one individual cannot have a lot of power as it would spell doom for the others.
The Functionality of Separation of Powers in Modern Governments
Contrary to the critics and their claims, the aspect has been able to allow the functionality of various modern governments. One can easily draw examples from various nations of mature democracies which have effectively adopted the system and have, therefore, led to the effective government coordination. The system allows for easy service delivery due to the clear definition of each arm and the duties that are associated with it. Montesquieu made sure of this aspect while developing his theory to allow for easy accountability of services to the electorate. He wrote that the government owes it to itself to ensure effective services are delivered to the people. Thus, in the case of poor quality services, the citizens will know which branch to complain to rather than the whole government. Additionally, it is the same case when the citizens want to register a particular complaint.
Enhancing Accountability and Reducing Corruption
The system of government, moreover, ensures the functionality of the authority through assisting in the reduction of cases of corruption. The independence of each arm ensures that there is accountability of each one of them. This is different from a central system where corruption can easily occur and be blamed on the other. In this case, the public is enlightened and can easily point out to a given case of injustice that may occur in the branch (Bruff, 2014). Thus, instead of blaming the whole government, particular section directly involved with the scam takes the blame. Montesquieu, hence, was able to see this factor and brought about the system of separation of power to enhance accountability and help weed out certain vices such as corruption. He went ahead and suggested possible independent bodies that would act as oversights to the arms.
Montesquieu's Influence on Modern Governments
Montesquieu explanations of the concept have been credited to have laid down platforms for formation of various governments, both past and present. The formation of the united states by the finding fathers, and in particular the constitution, was heavily influenced by this factor. It extends to the today's government where there is clear separation of powers. The independence of the arms of government allows for the achievement of a common objective for the people (Michaels, 2015). This is also the case in other countries of mature democracies such as the United Kingdom which has been on the forefront in the preservation, protection and defense of the rule of law and the separation of powers concept. This has aided in the achievement of the shared ideals and beliefs.
Impact of Montesquieu's Theories on Government Functionality
Montesquieu's theories have had an impact on the way certain activities are being conducted in today's systems of government. They have been able to allow for the common citizens to enjoy quality services and call for accountability in their delivery. Additionally, it has played a big role in the elimination of cases of anarchy and dictatorship through reiterating the importance of abiding by the rule of law and its enforcement at all times. The traditional powers vested on heads of states have been significantly cut down and ensured that a distinctive mechanism of enhancing the rule is adopted by the given individuals. However, in other cases, the executive, through the president, still wields a lot of power and usually controls the other arms. This should be effectively reduced through a proper review to reiterate the authority's willingness to work by the rules.
References
Bruff, H. H. (2014). The president and congress: Separation of powers in the United States of America. Adel. L. Rev., 35, 205.
Gardbaum, S. (2014). Separation of powers and the growth of judicial review in established democracies (or why has the model of legislative supremacy mostly been withdrawn from sale?). American Journal of Comparative Law, 62(3), 613-639.
Michaels, J. D. (2015). An Enduring, Evolving Separation of Powers. Columbia Law Review, 515-597.
