Can checks and balances ensure a perfect country?
Montesqiueu is one of the most influential and renowned representatives of the enlightenment in France during the 18th. Based on his broad interest in history, philosophy, law and politics, he pursues a remarkable career as judge, politician and novelist. Inspired by John Locke and the British constitution, later he writes his famous work, the spirit of law, which is widely discussed through the whole Europe since it is published in 1748.
In the book, Montesqiueu claims that without restriction, political power tends to be abused by the power holders. He convincingly argues for the reduction of arbitrary decision making—not only for the benefit of citizens but a competitive advantage of a state as well.
He divides political authority into legislative, execution and judicial powers. He believes that these three powers must be assigned to different individual or bodies, acting independently. Otherwise they would give to misuse of power and corruption.
But can this kind of regime really take effective? Can checks and balances ensure a perfect corruption-free country?
My answer is NO.
1.The enlargement of administrative power
From the discipline of the development of capitalist economy, it will transfer from a stage of free-competition to a stage of monopoly. When monopoly reflects in politics, it requires the concentration of nation’s powers. In this context, monopolistic capital integrates with nation’s rights and monopoly capitalist group manipulate the whole country.
When these monopoly capitals select political agents, they prefer the executive. One reason is the number of council members is too large and it is not easy to control. On the contrary, people’s number of a government is relatively small and they are all led by the head of state, so it is quiet controllable.
As a result, the executive becomes the focal point of the relation between monopoly capital and nation’s power. This undoubtedly leads to the enlargement of administrative power and finally breaks the balance of the ideal concept—separation of powers will check and balance.
Besides, Pluralistic interests, complex human affairs, rapid development, all these need a country more actively engage into social activities. The government’s authority strengthens, activities subject to the government increase, the enlargement of administrative power is also inevitable.
Increasing powers again cause more direct or indirect economic activities, which at last bring out the power-for-money deal, and corruption.
2.Neglect of people
The essence of Montesquieu’s theory is using power to restrict power. He thinks people are born wicked.
“Constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go.”
But when interests of different power bodies or individuals meet, checks and balances are shacking.
In the spirit of laws, Montesquieu confirms that citizens enjoy freedom of the press, speech, belief and other basic freedom. But due to his bias of people, he denies the citizens’ freedom to restrict the power. He doesn’t realize that people are the outside force of supervision and restriction of power.
