The Spirit of Separate Powers in Montesquieu

Abstract

Montesquieu's theory of separate powers is elaborated in a discussion of the constitution of England in Book XI, chapter 6 ofThe Spirit of the Laws, which is by far the most discussed section of that work. Many commentators have interpreted the English system straightforwardly as Montesquieu's ideal regime. But while he greatly admires the legal separation of powers in the English constitution, he worries that the spirit of “extreme” liberty among the English could undercut the constitutional separation of powers that protects their liberty. Montesquieu's ambivalence thus raises questions as to what sort of “spirit” a regime must have to sustain a constitution of separate powers and so to preserve individual liberty. His reservations about England are important for understanding his philosophy of liberalism and have broad significance for any polity that seeks to protect individual liberty through a constitution of separate powers