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in the passage below, montesquieu references * 10 points...nor is there liberty if the power of judging is not separate from legislative power and from executive power. if it were joined to legislative power, the power over the life and liberty of the citizens would be arbitrary, for the judge would be the legislator. if it were joined to executive power, the judge could have the force of an oppressor. -montesquieu, the spirit of the laws o enlightened despotism o a policy of mercantilism o a separation of powers o a social contract
Montesquieu emphasizes that for liberty to exist, the power of judging must be separate from legislative and executive powers. This is a core concept of the separation - of - powers theory.
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a separation of powers