If Montesquieu were alive today, how might he feel about the effectiveness of the separation of powers in limiting government power?
If Montesquieu were alive today, he might feel both encouraged and concerned about the effectiveness of the separation of powers in limiting government power.
On one hand, Montesquieu would likely be encouraged by the continued existence of separate branches of government - the executive, legislative, and judicial - as he believed that this separation was crucial for preventing the concentration of power in the hands of a few and safeguarding individual liberties. He might appreciate the fact that most democratic countries have adopted a system of checks and balances, where each branch is supposed to act as a check on the others.
However, Montesquieu might also be concerned about the potential erosion or disregard of the separation of powers principles in practice. He warned about the dangers of the executive branch exceeding its authority or the legislative branch monopolizing power. He would likely be attentive to instances where the boundaries between branches are blurred, such as the executive branch's encroachments on legislative powers through executive orders or the legislature delegating excessive authority to the executive through broad legislation.
Additionally, Montesquieu might be concerned about the influence of money and special interests in corrupting the separation of powers. He believed that a well-functioning republic required an independent judiciary, and any undue influence on judges or judicial appointments could undermine the system of checks and balances.
Overall, Montesquieu would likely appreciate the continued existence of the separation of powers but remain cautious and vigilant about its implementation and potential vulnerabilities.