'ADALAH
Vol 7, No 1 (2023)

Constitution and the Limitation of Power: Montesquieu's Perspective

Yunus, Nur Rohim (Unknown)



Article Info

Publish Date
05 May 2023

Abstract

This essay discusses the importance of limiting power in a government system to prevent abuse of authority and maintain a balance of power between state institutions. Through his theory of separation of powers in The Spirit of Laws (1748), Montesquieu emphasized that power should be divided into three main branches—legislative, executive, and judicial—to provide checks and balances. From a philosophical, sociological, and legal perspective, this essay examines how the constitution is a primary instrument in regulating power distribution. It also discusses the debate about the extent to which limitations on power should be applied so as not to hinder the effectiveness of government. Ultimately, this essay asserts that a well-designed constitution limits power and ensures the rule of law, democracy, and justice for all people.

Copyrights © 2023






Journal Info

Abbrev

adalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past ...