Montesquieu's (1748) principle of the division
of powers in the state is the longest serving theory in real politics,
retaining its importance for over 200 hundred years. At least from a formal
point of view, most constitutions in written form follow his paradigm. For the
rule of law and political order, parliamentary democracies definitely apply or
impose Montesquieu 's ideal-type. How does this great political theory match
with the jurisprudence of the major schools on what law is and the role of
judges in adjudication? This problem has never been raised, but in, for
example, parliamentarism and presidentialism, it is as central to the paradigm
of Montesquieu as the evolving ties between executive and legislature. The
teachings of legal positivism and legal positivism, to preserve the equilibrium
of Montesquieu, They appear most instrumental in pragmatism. When a nation says goodbye
to Oriental Despotism, more than anything else, they rely on Montesquieu.
"Eastern despotism" is also said to be like "orientalism,"
coined by Europeans like Montesquieu and other thinkers of the Enlightenment to
uplift Europe and downgrade Asia. But we still find despotism today in many
Central Asian countries.
Author(s) Details
Jan-Erik Lane
Public
Policy Institute, Belgrade, Yangon, Myanmar.
View Book :- https://bp.bookpi.org/index.php/bpi/catalog/book/311
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