PHILOSOPHICAL EVALUATION OF CHARLES DE MONTESQUIEU’S THEORY OF SEPARATION OF POWERS VIS- A- VIS THE PRACTICE OF DELEGATION OF AUTHORITY

TABLE OF CONTENTS

Abstract

CHAPTER ONE

1.0    Introduction

1.1   Background of Study

1.2   Statement of Problems

1.3   Research Objectives

1.4   Research Question

1.5   Research Hypothesis   

1.6   Scope of Study

1.7   Significance of study

1.8   Limitation of study

1.9   Definition of terms

CHAPTER TWO

2.0   Literature Review

CHAPTER THREE

3.0   Research methodology

3.1   Research Design

3.2   Population of study

3.3   Sampling Design and Procedure

3.4   Data Collection Instrument

3.5   Administration of Data Collection Instrument

3.6   Methods of data analysis

CHAPTER FOUR

4.0   Data Presentation and Analysis

4.1   Data Presentation  

4.2   Test of Hypothesis 

CHAPTER FIVE

5.0   Summary, Conclusion and Recommendation

5.1   Summary

5.2   Conclusion

5.3    Recommendation

References

Questionnaire

ABSTRACT

The theory of separation of powers, according to Charles De Montesquieu, is founded on the desire for political liberty for the citizens in a state. For this reason he advocates that the three powers of the organs of government-the Legislature, the Executive and the Judiciary should be manned by different persons and their functions properly co-coordinated such that liberty is achieved without any of the powers subsumed in the other. They must maintain their autonomy to achieve their purpose. But the exercise of delegated authority seems to forestall the total implementation of Montesquieu’s theory of separation of powers in modern government operations. The act of law-making, which is the sole function of the legislature, is also exercised by the executive organ of government, which is responsible for the implementation of the laws made by the legislature. this is carried out in the form of Bye-Laws, Statutory Instruments and Provisional orders. Through a philosophical evaluation, it has become the case that there has to be a fusion of function among the organs if state objectives must be achieved. It is therefore the case that a true, water-tight separation of powers is not possible if liberty, progress, peace, tranquility, order, is to be achieved in modern governments.

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