User:Nick Gardner /Sandbox: Difference between revisions
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The term is ascribed to French Enlightenment political philosopher Baron de Montesquieu.[2][3] Montesquieu described division of political power among an executive, a legislature, and a judiciary. He based this model on the British constitutional system, in which he perceived a separation of powers among the monarch, Parliament, and the courts of law. | The term is ascribed to French Enlightenment political philosopher Baron de Montesquieu.[2][3] Montesquieu described division of political power among an executive, a legislature, and a judiciary. He based this model on the British constitutional system, in which he perceived a separation of powers among the monarch, Parliament, and the courts of law. | ||
Montesquieu did specify that "the independence of the judiciary has to be real, and not apparent merely". | Montesquieu did specify that "the independence of the judiciary has to be real, and not apparent merely". | ||
Refinements that also found favour were [[James Madison]]'s advocacy of a system of "checks and balances" to limit the powers of special interests<ref name=mad>[http://www.constitution.org/fed/federa10.htm Thomas Madison: ''The Federalist No 10'', Daily Advertiser, November 22, 1787]</ref>, and the Baron Montesquieu's advocacy of the separation of powers among legislature, executive and judiciary<ref>[http://www.gutenberg.org/files/27573/27573-h/27573-h.htm Montesquieu, Baron de Charles de Secondat: ''de l'Esprit des Lois''(1748), Project Gutenberg]</ref>. | |||
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