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RATIONAL STRUCTURES OF THE POLITICS IN MONTESQUIEU’S THE SPIRIT OF THE LAWS PART II: THE SEPARATION OF THE THREE STATE POWERS – THE ESSENCE OF CITIZENS' LIBERTY

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Author(s): MARIUS DUMITRESCU

Journal: Agathos : An International Review of the Humanities and Social Sciences
ISSN 2069-1025

Volume: IV;
Issue: 2;
Start page: 15;
Date: 2013;
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Keywords: separation of state powers | deism | political liberty | social equilibrium | spirit of the laws

ABSTRACT
One of Montesquieu's major theories established in The Spirit of the Laws is the separations of powers, according to which there are three kinds of powers in a state: legislative, executive and judiciary which must be separated, but, at the same time, kept in balance in order to guarantee the freedom of the individual. In support of the deist theory, Montesquieu considered that the separation of the powers would be the magical condition that would make society to function on itself, as an autonomous mechanism, fixing itself, without the need of external intervention, being inspired by an invisible power. Montesquieu, like Voltaire, was the pioneer of introducing the deism in France as a consequence of the fact that he had entered in contact with the English space. His major work, The Spirit of the Laws, influenced the elaboration of constitutions in numerous countries and was chosen as a starting point in drafting the Constitution of the United States of America by which the leaders of the American Revolution wanted a free, republican and confederate country.

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