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MANSOURIAN NASER ALI; KETABI ROODI AHMAD

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Journal Paper

Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2021 | Volume:4 | Issue:12 Page(s): 146-168

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Information Journal Paper

Title

the separation or balance of powers, a new narration of "The Spirit of Laws" Montesquieu

Author(s)

MANSOURIAN NASER ALI | KETABI ROODI AHMAD | Issue Writer Certificate

Keywords

The separation of powers

The balance of powers

The Spirit of Laws

Montesquieu

Abstract

It is a long time that wherever The separation of powers is spoken, authors point out the name of Charles de Montesquieu as the founder of this conception immediately in public law and naturally attribute his most famous book: "The Spirit of Laws". But accuracy in this weird book shows that except for one case, this scholar doesn't mention to "separation" in the text of his book. Interestingly the system that under the influence of it, he wrote "The Spirit of Laws" (the British at the time) didn't base on The separation of powers in such a way that attributed to him. In addition to the lack of separation of powers in the content as a word, whatever from tenor of "The Spirit of Laws" is decent for conclusion is: "balance of powers no separation of them". Montesquieu in the whole of his book-especially in the Chapter VI of the book XI-praised the political freedom caused by the balance of triple powers. So it can be said neither those who have admired him as the inventor of The separation of powers nor those who have attacked him for same reason, has not been a fair understanding of what Montesquieu has said about division and balance of powers. This paper intends to illustrate the true idea of Montesquieu by examine the evolution of The separation of powers and a new narration of the book "The Spirit of Laws".

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APA: Copy

MANSOURIAN, NASER ALI, & KETABI ROODI, AHMAD. (2021). the separation or balance of powers, a new narration of "The Spirit of Laws" Montesquieu. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 4(12 ), 146-168. SID. https://sid.ir/paper/414763/en

Vancouver: Copy

MANSOURIAN NASER ALI, KETABI ROODI AHMAD. the separation or balance of powers, a new narration of "The Spirit of Laws" Montesquieu. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2021;4(12 ):146-168. Available from: https://sid.ir/paper/414763/en

IEEE: Copy

NASER ALI MANSOURIAN, and AHMAD KETABI ROODI, “the separation or balance of powers, a new narration of "The Spirit of Laws" Montesquieu,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 4, no. 12 , pp. 146–168, 2021, [Online]. Available: https://sid.ir/paper/414763/en

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