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#constitution #law #public
The idea was given more modern expression by Montesquieu during the 18th century. He believed that liberty would be best protected if there was a separation of powers into judicial, executive and legislative branches:

'When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ... again, there is no liberty if the power of judging is not separated from the legislative and the executive. If it were joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would then be the legislator. If it were joined to the executive power, the judge might behave with violence and oppression. There would be an end to everything, if the same man, or the same body, whether of the nobles, or of the people, were to exercise those three powers, that of enacting laws, that of executing public affairs and that of trying crimes or individual causes. Any society in which the safeguarding of rights is not assured, and the separation of powers is not observed, has no constitution.' Montesquieu, De L’Esprit des Lois,(1689-1755)

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