As an author committed to liberalism (see Chap. 50 ), Tocqueville shows in his writings a very fundamental affinity for the idea that power and force in the state system are generally and substantially to be divided. The idea that legislative, executive, and judicial organs and powers should mutually control or keep each other in check is, for him, as much a standard of the liberal state as it was for authors like Locke, Montesquieu, Sieyès, the Federalists, Kant or Constant (Meuwly 2002). Therefore, it might have been expected that the checks-and-balances-system of the US Constitution would have received Tocqueville’s unreserved approval. It may therefore seem somewhat surprising at first glance when the first volume of Tocqueville’s book concerning America insists in several places that the principle of separation of powers is not fully satisfactorily realized in the United States.

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Separation of Powers, Horizontal and Vertical

  • Oliver Hidalgo

摘要

As an author committed to liberalism (see Chap. 50 ), Tocqueville shows in his writings a very fundamental affinity for the idea that power and force in the state system are generally and substantially to be divided. The idea that legislative, executive, and judicial organs and powers should mutually control or keep each other in check is, for him, as much a standard of the liberal state as it was for authors like Locke, Montesquieu, Sieyès, the Federalists, Kant or Constant (Meuwly 2002). Therefore, it might have been expected that the checks-and-balances-system of the US Constitution would have received Tocqueville’s unreserved approval. It may therefore seem somewhat surprising at first glance when the first volume of Tocqueville’s book concerning America insists in several places that the principle of separation of powers is not fully satisfactorily realized in the United States.