MONTESQUIEU AND THE DOCTRINE OF SEPARATION OF POWERS -( ARTICLE) INTRODUCTION Administration of any.
MONTESQUIEU AND THE DOCTRINE OF SEPARATION OF POWERS -( ARTICLE) INTRODUCTION Administration of any organisation, government or country, will certainly focus on the question of justice. It is vital because without justice, corruption of powers such as arbitrariness, cronyism, tyranny, violence and oppression may follow. Therefore in order to uphold justice in any government organisation, constitutional law has provided several theories, doctrines or practices as guidelines, such as the concept of the rule of law, separation of powers, equality before the law, sovereignty and checks and balances. The doctrine of separation of powers is an English doctrine which has been practiced by most governments worldwide. It is a doctrine that generally accentuates on the separation of the three important bodies in the government, that are the executive, legislative and judiciary body in the hand of different and separate entity, in order to uphold justice and avoid any element of oppression, tyranny and abuse of powers. The significance of applying the doctrine is based on the fact that abuse of powers will take place if all those powers are to be administered by a single body. Even though there were several constitutionalists discussing the doctrine (whether directly or impliedly), based on researcher scrutiny, acknowledgement should be given to John Locke and Charles Baron de Montesquieu, as the two constitutionalists that had formally discussed and formulated the theory, as it is presented today. This article aims to discuss on Montesquieu’s ideas or contribution on the emergence of the doctrine of separation of powers. Make an article review with reflect to the current Malaysian Legal System. Writing Format : Article review not more than 5 pages Apr 11 2022 09:00 PM
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