Separation of Powers Essay Example | Topics and Well Written Essays - 1500 words

Separation of Powers - Essay ExampleMontesquieu echoes Aristotles arguments that having the mixture of the traditional governing bodies would balance the power and authority. Further more, he references Aristotle in his book by saying The inhabitants of a particular town be untold better acquainted with its wants and interests than with those of other patchs and are better decide of the capacity of their neighbors than of that of the rest of their countrymen. The members, thitherfore, of the legislature should not be chosen from the general body of the nation but it is proper that in every considerable place a representative should be elected by the inhabitants (Montesquieu).Aristotle, Montesquieu, and Locke all support the notion that civil society originates when, for the better administration of the law, men agree to put legal functions to certain officers. They are all against a monarchy government as it does not support a civil society. It by definition corrupts the individ ual who is given up all of the power. Both Aristotle and Montesquieu allow for a balance between the oligarchy/monarchy and the democracy by allowing an executive element whos function is to balance that of the legislative/democratic element. 2) Aristotle believed that there were three classes. At the bottom were the farmers, laborers, and poor. As this class of people did not have the leisure cartridge holder time to pursue education, they would make a meager rule class. The ruling class Aristotle argued should be comprised of the leisured classes, and the middling element. He clarifies that the governing body with a larger middling element is more permanent as they relate best to both of the extreme elements and are less concerned with power so as not to become corrupt. This combination of the leisure class and the middling element Aristotle referred to as citizens Citizens are distinguished from other inhabitants, such as resident aliens and slaves and even children and seni ors are not unqualified citizens (nor are most ordinary workers). After further analysis he defines the citizen as a person who has the right to participate in deliberative or juridic office (SEP) Montesquieu viewed class as an outcome of the ability of the legislative body. He acknowledges that people are born into different circumstances, but argues that the laws should disguise as much as possible the difference between the nobility and the people, so that the people feel their lack of power as little as possible (SEP). In other words, the nobility who are likely the majority of those elected to be in the governing body should exercise care in order to not alienate those subjected to their rulings. When they fail to do so, the nobility will lose its spirit of moderation, and the government will be corrupted.3) Montesquieu believed that it is the masterpiece of legislation to know where to place powerful the judicial power (SL) According to Vile, Montesquieu was not the first phi losopher to separate the judicial from the legislative but rather his writing was published at a time which