ANALYSIS OF CHARLES-LOUIS MONTESQUIEU'S POLITICAL VIEWS

ABSTRACT

This article analyzes the political views of the French philosopher Charles-Louis Montesquieu. Montesquieu is recognized as the founder of the principle of the separation of powers, which forms the basis of modern democratic states and legal systems. He proposed the idea of dividing the state into legislative, executive, and judicial branches to prevent the centralization of power. The article also examines Montesquieu's views on liberty, the rule of law, forms of government, as well as the influence of climate and geography on political systems. The article aims to shed light on the impact of Montesquieu's ideas on contemporary democratic systems.

АННОТАЦИЯ

В этой статье авторы анализируют политические взгляды французского философа Шарля Луи Монтескьo. Монтескьo – признан основателем принципа разделения властей, который лежит в основе современных демократических государств и правовых систем. Он выдвинул идею разделения государства на законодательную, исполнительную и судебную власти для предотвращения централизации власти. В статье также рассматриваются взгляды Монтескьo на свободу, верховенство закона, формы правления, а также влияние климата и географии на политические системы. Статья направлена на освещение влияния идей Монтескье на современные демократические системы.

Keywords: Separation of powers, rule of law, despotism, republican government, monarchy, climate and politics, Montesquieu's theories, democratic systems.

Ключевые слова: разделение властей, верховенство закона, деспотизм, республика, монархия, климат и политика, теории Монтескье, демократические системы.

The relevance of the topic: The political views of Charles-Louis Montesquieu remain relevant today, as the principle of the separation of powers he advocated still forms the basis of the legal system and governance mechanisms of modern democratic states. Democracy, the rule of law, and social justice are recognized as the most fundamental values in the current global political environment. Montesquieu's ideas play a crucial role in the struggle against authoritarianism and in protecting citizens' rights.

The aim of the research: The main objective of this research is to conduct a deep analysis of Charles-Louis Montesquieu's political views and examine the impact of his ideas and perspectives on modern democratic systems. The analysis will highlight Montesquieu's theories on the separation of powers, the rule of law, and forms of government, emphasizing their relevance and significance in today's state governance systems.

The main part: Montesquieu believed that political power should be divided into three branches: legislative, executive, and judicial. He emphasized that these three branches must operate independently to prevent the concentration of state power in one place and to preserve the freedom of citizens. This idea later became the foundation of the U.S. Constitution and is widely applied in modern democratic states. Specifically, Article 11 of the Constitution of the Republic of Uzbekistan states that the system of state power should be based on the principle of the division of power into legislative, executive, and judicial branches. [1, ch.2]The practical expression of this principle is to prevent the concentration of power in the hands of any group or individual. The construction of the state mechanism is carried out based on certain objective principles, which serve as a guarantee for ensuring the effectiveness of state governance. If legislative and executive powers are concentrated in the hands of one person or one body, there will be no freedom, as a monarch or senate could enact wrongful laws and misuse them. The consolidation of legislative and executive powers in one hand undermines the supremacy of the law. If judges were to engage not only in adjudication but also in lawmaking, people's lives could become victims of injustice.

The division of powers is expressed at three levels: functional, institutional, and personal.

• Functional division of power. To ensure freedom, it is necessary to distinguish the function of making decisions about the use of force (coercion) from the function of enforcing state coercion. The legislative power establishes the rules for the use of force, the judicial power determines the specific measures of force and issues orders regarding them. Therefore, each branch of power should not independently carry out state coercion. The executive power possesses such force, but it should not, in turn, issue normative or individual decisions regarding the use of force. Based on this, the executive power must act based on laws and judicial decisions and in the process of their enforcement.
• Institutional division of power. The functions of legislation, executive, and judiciary should not be concentrated in the hands of one person or institution. The division of power means separating the instances that possess coercive authority, that is, the bodies that have the power to use force and make decisions about its use. In this sense, the division of power into legislative and executive bodies means, on the one hand, that the executive branch should not engage in primary norm creation or have the right to issue normative documents, and on the other hand, the legislative branch should not exercise executive functions.

This means that executive bodies cannot interfere in the activities of legislative bodies and do not have the right to make decisions that fall within the executive's authority. Otherwise, the legislative branch would simultaneously become a body with the power to establish rules for the use of force.

Personal division of power. The legislative bodies do not include members of the executive branch or judges, meaning that those who will execute laws in the future cannot be elected as deputies. However, in parliamentary countries (such as the United Kingdom and Germany), where government members are also members of parliament, this principle does not apply. At the same time, this situation cannot be considered a violation of the principle of the division of powers, as it should be viewed as a distinctive feature of parliamentary-type countries. [2, p. 125]

According to Montesquieu, laws should be consistent and stable, so that citizens understand their responsibility for their actions and the state system remains reliable. Laws should serve the interests of society rather than personal interests or the pressure of any particular group. [3, ch.16]

For reference:

A law- is a normative legal document with supreme legal authority, adopted either by the state’s legislative body or directly by citizens in accordance with the requirements of a referendum. It embodies the general framework for the activities of legal subjects within the scope of its application, duration, and the range of individuals it affects.[4, p. 20]

Montesquieu considered the stability and consistency of laws as essential for individual freedom and societal stability. According to him, frequent or unclear changes in laws lead to disorder in citizens' lives and diminish trust in the state. Therefore, laws should be stable and consistent, based on universal and long-term values rather than shifting interests. This idea is expressed in several key points in Montesquieu's works:

-Legal certainty: The stability of laws allows citizens to clearly understand their rights and obligations. When laws are stable, people can act in anticipation of future conditions, which ensures their security and confidence.

-Limitation of state power: Stable laws protect government power from abuse. Arbitrary changes to laws by the government lead to a fragile and uncertain state. Montesquieu supports this by advocating for the principle of the separation of powers, meaning that the legislative branch should establish laws that are consistent and stable.

-Adaptation to societal development: While Montesquieu believed that the fundamental principles of laws should remain unchanged, he recognized that some laws may need to be reconsidered as society changes. However, these changes should not undermine consistency and stability, as laws must align with the long-term interests of society.

-Protection of citizens' freedom: Stable laws are a guarantee of individual freedom. If laws change frequently, citizens cannot protect their freedoms, as they are constantly required to adapt to new laws. Montesquieu links the protection of personal rights and freedoms to the stability and reliability of laws.

Overall, Montesquieu emphasized that laws should be stable in order to reflect the long-term needs of society and be accepted with confidence by citizens. Through this, he demonstrates that the strength and continuity of laws serve to protect individual freedom, strengthen the legal foundations of the state, and contribute to the stable development of society. [5, ch.29]

In modern times, laws are adopted by the highest representative body of each state. An important aspect is that, in a broad sense, no authority other than the highest representative body that enacted the law can amend, revoke, or establish a new law. In the "hierarchy" system, all subordinate normative legal acts must be adopted and implemented in strict accordance with the law. If any subordinate normative legal document contradicts the law, it must be annulled in accordance with the law.

The norms embodied in the law are classified according to their importance into constitutional, organic, and ordinary laws. Constitutional law is one of the main sources of constitutional law in some countries. In Romania and French-speaking countries, constitutional law refers to laws that amend the constitution, while in countries like the Russian Federation and Kazakhstan, constitutional laws are adopted on issues specified in the constitution. In the first case, the procedure for adopting a constitutional law corresponds to the procedure for amending the constitution, while in the second case, constitutional laws are adopted by the legislative body with a majority vote, following a special, more complex procedure that differs from constitutional amendments. In some countries, constitutional law refers to the laws that constitute the constitution of that state (for example, in Sweden). Organic laws are laws adopted based on the direct provisions of the constitution. In several countries, additional terms are used to refer to such laws (France, Brazil) [6, p. 21].

An ordinary law is divided into current laws and codified laws. In federal states, laws are also divided into federal laws and laws of the federation subjects. A special category of laws consists of emergency laws [7, p. 610].

There are several methods of classifying laws: by legal force; by scope of application; by form of law; by regulatory mechanism; by the subject of legal regulation; and other criteria.

For Montesquieu, climate is a key factor that influences human character and political systems. Montesquieu believes that climate directly affects people's behavior, character, and customs. For example, people living in hot climates are often lazier and more emotional, while people living in cold climates tend to be physically and mentally stronger. This, in turn, reflects in their political systems. According to Montesquieu, the forms of government in different states are also linked to climate.

According to him:

• Hot climate: Suitable for peoples inclined towards absolute monarchy, as people living in hot climates tend to be more submissive to authority.
• Cold climate: Suitable for peoples who prefer democratic or republican forms of government, as people living in cold climates are more likely to seek freedom and preserve their independence.

Montesquieu also emphasizes how geographical factors, such as the size of the land, mountains, and rivers as natural borders, influence the development of political systems. He argues that centralized authority is necessary for countries with large territories, while smaller states are better suited to more democratic or republican forms of government [8, ch.14].

Similar ideas to those of Montesquieu are also expressed in the works of Aristotle and Machiavelli. According to Machiavelli, a ruler should not only control discipline and military drills in the army but also regularly go hunting, explore the terrain, and learn about the landscape—such as where the hills, valleys, and ravines are located, the width of the plains, and the condition of rivers and swamps. Such research is beneficial in two ways. Firstly, the ruler will better understand his own country and assess the best ways to defend it; secondly, someone familiar with the conditions of one area can easily understand the characteristics of other places they visit for the first time, as, for example, the hills, valleys, plains, rivers, and swamps in Tuscany are quite similar to those in other regions, meaning that a well-studied area will allow the ruler to quickly evaluate others. If the ruler lacks such skills, he will be deprived of the initial qualities necessary for command, as it is precisely these traits that give the ruler the advantage of identifying the enemy’s location, building fortifications, approaching the enemy, engaging in battle, and laying siege to fortresses [9, p. 35].

Aristotle believes that different climates directly influence people's temperament and character. He states that people living in cold climates, such as the Northern peoples (for example, Europeans), are courageous but often lack the organizational and managerial skills necessary to maintain internal order. Despite their bravery, they seek freedom, but struggle to maintain effective governance when united.

As for people living in hot climates, especially in the East (such as those in Asia), Aristotle argues that while they may be cultured and knowledgeable, they lack courage. These peoples are inclined towards maintaining internal order and organization, but because of their lack of courage, they do not seek freedom and are typically governed or ruled by other states. Aristotle describes these peoples as more suited to governance but less inclined to seek freedom [10, ch.7].

The general conclusion about the impact of climate and geography on political systems shows that natural conditions—such as climate and geographical location—have a significant influence on people's character, their lifestyle, and governance systems. One of the main reasons for this is that climate and geographical factors shape people's daily activities, economic opportunities, and culture. People living in hot and cold climates may have different characteristics, such as courage, strength, and the desire for freedom. Additionally, geographical conditions such as resource-rich or resource-limited areas, and natural barriers like mountains and rivers, also shape the form of governance in society.

Conclusion: Montesquieu's views express his revolutionary idea that all forms of government should be kept under control to ensure freedom, justice, and stability. At the same time, he emphasizes the importance of strengthening the principle of the separation of powers to protect the liberty of the people. His ideas laid down the fundamental principles for modern democracies and left a profound impact on the development of contemporary political systems.

References:

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