John Locke, or “the father of the Enlightenment, wrote his ideas about establishing a new government in his famous work, “Two Treatises of Government.” According to him, it was necessary for a civil society to have a government with different branches, including a powerful legislature and an active executive. [3] Baron Montesquieu, a French Enlightenment thinker, took Locke’s ideas, expanded, and unified them with his ideas of division of state and separation of powers and stated them in his book “The Spirit of Laws.” Being impressed by English governing system, Montesquieu added one more institution of government to the current two: Judicial. In this manner the legislature enacts laws; the executive carries out laws; and the judiciary interprets laws. [1] Each branch have equal and particular power. Montesquieu was aiming at preventing absolutism and corruption, by dividing the power. [1] It was the first doctrine signalling a new political form of government.
Before the Age of Enlightenment the monarch was responsible for the military, the tax collection and the judicial system. [2] People were blinfoldedly devoted to religion. When the Enlightenment began, people could freely think and they became aware of that they actually possess rights. The father of the Enlightenment observed that governments exist to preserve “life, liberty, and property. [8] Then Baron Montesquieu brought forth his separation of powers theory. According to the theory, “each branch of government could limit the power of the other two branches.” [7] As a matter of fact, this is the definiton for the system of “checks and balances.” With the theory each branch keeps the other branches not to become too powerful. Therefore, no branch of government would be able to threaten people’s freedom. [7]
Locke and Montesquieu’s theories gained meaning in the American revolution in the 1780s. Their ideas were accepted and developed by the framers, and the framers considered the separation of powers as basis for the Constitution of United States. [7] The Americans separated and balanced the three branches of government. Each branch had the power to reject, through veto, the others’ proposals. It is very evident that the Americans were hoping to establish a long-lasting state based upon people’s will. The executive and legislative branches were to be chosen by people. [1] As a result, the United States of America was the first country to adopt the principles of separation of powers and use it in their newly-established government.
In conclusion, the separation of powers predicated humans on and was aiming at to stipulate the rule of law and to guard the human rights. [1] The doctrine laid the groundwork for the present day democratic countries. Many countries throughout the world, following the United States of America, adopted the principles of the separation of powers. Locke and Montesquieu must be having a peaceful sleep in their graves. The two Enlightenment thinkers maybe have not thought that their ideas will be so important, have they? Thank you Locke, thank you Montesquieu…