171【權力分立論】－萬法精義 Of The Constitution o England[ Chapter 6] [1] In every government there are three sorts of power：the legislative；the executive in respect to things dependent on the law of nation；and the executive，in regard to things that depend on the civil laws。 [2] By virtue of the first，the prince or magistrate enacts temporary or perpetual laws，and amens or abrogates those that have been already enacted。By the second，he makes peace of war，sends or receives embassies，establishes the public securitys，and privides against invasion。By the third，he punishes crimes，or determines the disputes that arise between individuals。The latter we shall call the judicial power，and the other simply the executive power of the state。 [3] The political liberty of the subject is a tranquility of mind，arising from the opinion each person has of his safety。In order to have this liberty，it is requisite the government be so constituted as one man need not be afraid of another。 [4] When legislative and executive powers are united in the same person，or in the same body of magistracy，there can be then no liberty；because apprehensions may arise，lest the same monarch or senate should enact tyrannical laws，to execute them in a tyrannical manner。 [5] Again，there is no liberty，if the power of judging be not separated from the legislative and executive powers。Were jointed with legislative，the life and liberty of the subject would be exposed to arbitrary control；for the judge would be then the legislator。Were it jointed to the executive power，the judge might behave with all the violence of an oppressor。 [6] Miserable indeed would be the case，were the same man，or the same body whether of the nobles or of the people，to exercise those three powers，that of enacting laws，that of executing the public resolution，and that of judging the crimes or difference of individual。 Montesquieu，The Spirit of law：a compedndium of the first English edited，（Berleley：University of Califronia 1977） pp.201-202
Posted on: Tue, 23 Jul 2013 08:50:07 +0000
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