Protection Of The Individual Liberty

But the important question is: Is the separation of powers necessary to secure the liberty of the individual? As we have mentioned above, this theory was primarily enunciated by Montesquieu for this purpose alone. For him it was, as Maclver says, “a practical recipe for political liberty.” No doubt, “the problem of the separation of powers meant nothing to Political Science until the issue of political liberty became urgent.”

Montesquieu’s theory had immediate appeal and influence on the men and leaders of France and America for the reason that it was a defence of liberty and a remedy against despotism. An American writer, Madison, says that Montesquieu was “the oracle who is always consulted and cited in the subject.” The constitutional writer, Dr. Finer, says, “We shall never know whether the fathers of the American Constitution established the separation of powers from the influence of the theory, or to accomplish the immediately practical task of safeguarding liberty and property.”

But after more than a century of its application in various constitutions, we find that individual liberty is not dependent upon separation of powers. In England, there is no separation of power, yet individual liberty is as secure there as in U.S.A. or elsewhere in the world. Liberty primarily depends upon the spirit of the people, their laws and institutions. Separation of powers ensures liberty, but it is not the only basis of liberty.

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