There is no liberty if the power of judging be
not separated from the legislative and executive
powers. Were it 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. Were it joined to the executive power,
the judge might behave with all the violence of an
oppressor.
Source: Baron de Montesquieu, The Spirit of the Laws, 1748
13 How did this political principle advocated by
Montesquieu influence colonial government?
(1) The colonies created a two-tiered structure
for their judicial branches.
(2) The colonies based their governments on the
social contract theory.
(3) The colonies separated powers among their
branches of government.
(4) The colonies incorporated the natural rights
of individuals into their charters.
not separated from the legislative and executive
powers. Were it 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. Were it joined to the executive power,
the judge might behave with all the violence of an
oppressor.
Source: Baron de Montesquieu, The Spirit of the Laws, 1748
13 How did this political principle advocated by
Montesquieu influence colonial government?
(1) The colonies created a two-tiered structure
for their judicial branches.
(2) The colonies based their governments on the
social contract theory.
(3) The colonies separated powers among their
branches of government.
(4) The colonies incorporated the natural rights
of individuals into their charters.
