Study On The "separation Of Powers"

Theory of Separation of powers is the core of modern Western constitution. Montesquieu's"Separation of Powers"Thought is the concentration and essence of separation of powers theory, which developed to the 18th century. In this article, analysis and comparison of"separation of powers"thought, based on Montesquieu's"The Spirit of Law"("Spirit"for short) and the"The Federalist Papers"("Papers"for short). Overview of the origin and background of"Separation of Powers"thought. Analysis and comparison of the content, significance and system design of separation of powers in the different background. Then, found that the values of separation of powers.This article is composed of introduction, body, and conclusion.Introduction is briefly describing the motivation of writing, and the theoretical Separation of powers study in domestic and international status, as well as of writing methods and research ideas.Chapter II: The Ideological Origins and historical background of"Spirit"and"Papers". First, this chapter general introduces the historical process of separation of powers. Briefly describe the separation of powers thought from Plato, Aristotle, Polybius, Marsilius and Locke. Second, it summarizes the background of Montesquieu who lived in the decline of feudalism and the rise of Enlightenment in France. Third, it proved the latter's separation of powers thought came from the former. Fourth, it described the background of the United States Constitution.Chapter III: Compared the"Separation of Powers"between"Spirit"and"Papers". This chapter discusses the main content of"Separation of Powers"in two of these books, and then compares the similarities and differences between them. The common points are as follows, first, the idea about separation of powers of them is built on the evil human nature and corruption of power. Second, both of them are consist with the division, understanding of powers and core of content. The differences are as follows, first, the latter has integrated into the"Popular Sovereignty"principle. Second, the former tend to grasp the basic principles, which pay more attention to the establishment of specific rules.Chapter IV:"Spirit"and"Papers"pursue different meaning about the"Separation of Powers". The former meaning of separation of powers is to protect political freedoms, the latter include the establishment of perfect union, maintain domestic stability, and promote the overall public welfare, protect civil liberties and the rights of the pursuit of happiness and so on.Chapter V:"Spirit"and"Papers"of the separation of powers are designed in the different way. This chapter describes the two systems were designed, and then make a comparison between their differences. Differences between the two systems are mainly in structure of state. The former is single system, but the other is federal system. Executive designs are also different, the former is monarchy, and the latter is the presidential system, etc.Chapter VI: Conclusion. Finally, the article told a story that happened during the Constitutional Convention in the United States. It symbolizes the pursuit of political ideals of human, and caused some reflections of the author.