What is SoP Flashcards
Who can the doctrine of SoP be attributed to
Montesquieu
what did Montesquieu say about SoP
ideal state divided into 3 arms, with each arm remaining separate and not impinging on the others. The arms should be balanced and be able to check and limit the power of the other arms
What does Montesquieu’s doctrine provide for
avoidance of an oppressive government
Why would complete SoP not be a viable solution
Complete separation of the arms would result in a deadlock, with each arm competing against each other leading to a paralysis of government, therefore it is better to keep some overlap/ cooperation between the arms with a system of checks and balances to guarantee the freedom of the indivdual and opposes concentration of state power in one arm resulting in a dictatorship/ threat to democracy , maintains liberty and prevents abuse
In which country has it been seen the complete concentration of state power in one group
China- communist party = dictatorship and limited freedom and liberty of the citizens
What did John Locke say about concentration of state power and the need for SoP
‘too great a temptation to human frailty… for same person who have the power of making laws, to have the power to execute them’
What would a comprehensive analysis of SoP be
That no one person should be from one part of the three branches
One branch should not be able to directly control another
A branch should not exercise the function of another branch