Muhammad Umair

Sep 12, 2018

Separation of Powers in a government is not a new idea. It has been going on for centuries. It was launched by the political scholar Montesquieu who gave this theory in these words, “Every government has three sorts of powers; legislation, executive and judicial. The liability of individuals requires that neither these powers nor any two of them should be placed in the one hand of same body of men.”

Later on, this idea was adopted by the American realms of power. In a case Marbury vs. Madison,

Chief Justice Marshall held that, “People have an original right to establish such principles that organize government and assign respective powers to different departments.” This shows that American judiciary gave a touch to separation of powers in its decision.

Today, the first three articles of USA constitution declare the enforcement of the doctrine of Separation of Powers. Perhaps, the framers of USA constitution were inspired by Montesquieu’s theory that why they incorporated this in their constitution.

Article-1 All the legislative powers belong to Congress.

Article-2 All the executive powers are vested in the office of president.

Article-3 All the judicial powers are vested in judiciary.    


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