Single Idea 19997

[catalogued under 24. Political Theory / C. Ruling a State / 3. Government / b. Legislature]

Full Idea

Were the judicial power joined to the legislative, the life and liberty of the citizens would be subject to arbitrary power. For the judge would then be the legislator.

Gist of Idea

The judiciary must be separate from the legislature, to avoid arbitrary power

Source

Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.06)

Book Reference

Montesquieu,Baron de: 'Selected Political Writings', ed/tr. Richter,Melvin [Hackett 1990], p.182


A Reaction

This is the key 'separation of powers', which seems to be a mantra for nearly all theories of the state.