Practical Application Of The Theory In Modern Constitutions

Montesqueiu’s theory had great influence in America, where it became a political dogma of the people in revolt against Great Britain. They desired liberty in the sense as Montesquieu understood it.

They also desired to put limits on despotism which the English had imposed on them. They had also seen many disputes between the legislature and the executive, i.e., the Governor, during his Colonial period. They thought that a proper solution was the separation of the executive and the legislative departments, as Montesquieu had proposed. “History, therefore,” writes the Federalist. “joined hands with philosophy in writing a separation of powers into the federal constitution (of the U.S.A.).”

The influence of Montesquieu was, indeed, powerful and decisive. He was regarded as an oracle and cited on the subject. Consequently, the American Constitution was, as Dr. H. Finer puts it, “consciously and elaborately made an essay in the separation of powers and is today the most important polity in the world which operates upon that principle.”

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