From The Mixing Of Checks And Balances To The Separation Of Powers

The thought of west decentralization has experienced an evolution from theancient to the modern, that is spirit of hybrid and checkes and balances to spirit ofseparation of powers.The first chapter talks about the thought of hybrid and checkes and balances inthe ancient, the thought embodies in the theory of mixed constitution. The theorycontains two major parts, namely hybrid spirit and the spirit of checkes and balances.hybrid spirit mainly embodies in Plato and Aristotle's works, this spirit advocates thatall classes share nation's authority, in order that benefits of all classes is balanced andblended. In hybrid spirit, elements relationships of Mixed constitution is harmony.In Plybius, he tied hybrid spirit to the spirit of checkes and balances. The spirit ofcheckes and balances advocates that powers should restrict mutually, in order to avoidabusing. In the spirit of checkes and balances, elements' relationship of Mixedconstitution is to oppose.The purpose that theoretician suggested hybrid spirit and spirit of checkes andbalances is this, nation's powers should be restricted and balanced amoung socialmajor ranks. Thought of checkes and balances in Plybius's works effects greatly tothouht of separation of powers.The second chapter talks about the thought of modern decentralization, namelythe thought of organization decentralization. With the development of Political reality,the thought of Class decentralization confronted difficulty in explaining reality; it isattacked upon by sovereign. A kind of new theory is required for making anexplanation to reality, which is the thought of separation of powers.In the formation process of the thought of separation of powers, Bolingbrokeaccepted the ancient spirit of checkes and balances, and he started to tie that spirit tothe thought of separation of powers, which advocates that different governmentfunction should be distributed to different organization, so the thought bases ongovernment function partition. The realization of government function partition hasexperienced two steps. The first step namely certain organization carries on certainfunction, which is realized by John Locke, he finished the partition betweenlegislative and executive powers. The second step namely the independence ofjudicial department, which is realized by Montesquieu, now government functionpartition among three organizations has been finished. The thought of separation ofpowers embodies totally in American practice. The essence of thought of separationof powers is to advocate mutual restraint and balances amoung governmentdepartments.Decentralization provides a frame to checkes and balances, checkes andbalances is the purpose of decentralization.