Montesquieu Separation Of Powers Analysis

What guides the decisions of the Governor when he executes certain powers bestowed upon him and his position through a particular document? According to Waluchow’s article on Constitutionalism, and looking at the excerpt, we can see that constitutionalism in the richer sense is the document of the country that defines the implementation of powers and not the individual himself or herself. Therefore, the limitations placed on the sovereignty of the constitution will be one of those deciding factors, alongside the principle of entrenchment which should be that limiter to their boundaries. In Waldron’s ‘Constitutionalism: A Skeptical View’, he referenced another legal scholar who made an interesting comment on constitutionalism which is, ‘constitutions are about power but a
Montesquieu’s view of separation of powers is that this power should be ascribed to three separate branches in the government namely the judiciary, the executive and the legislature. He did not believe in a centralised power or power only used by an individual or a single ruler. Also to prevent one branch from overwhelming another in agreement with their constitutional power, he introduced a small touch to this doctrine namely checks and balances. Checks and balances allows for each branch discretionary powers over one another in order to prevent a tyrannical usurpation from becoming a reality, which results in the limits of their powers . Madison says that the only way to ensure the complete separation of those powers is the unification of those powers by mutual relations. In addition Publius says, only that but also that no agency should appoint members of other agencies, which if done correctly should resist encroachments from other oppositions with the help of the constitution and their own personal motives . Therefore let us breakdown the excerpt and relate it to this constitutional