The theory of the separation of powers was first
put forward by Montesquieu, a French political theorist in the 18th
century. The theory states that there
are 3 functions of the state:
- The Executive (government) have strict authority and responsibility to administer the law.
- The Legislative (parliament) make the laws and are also authorised to raise taxes and other money bills.
- The Judiciary (the judges) apply the law
Why should they be separate?
- To stop one arm from gaining absolute power and abusing the power they are given.
- To allow each arm to become more specialised.
- To stop bias decisions being made (e.g. if a judge makes a law and then tries a case dealing with this law, he may make the wrong decision because of the opinion that has already been made.
