The Study Of Montesquieu’s Constitutional Thought

Constitutionalism is not only a political system,but also a kind of ideology.As a political system,constitutionalism exists in the political practice of various countries’power distribution in the historical stages of development.As an ideological constitutionalism,it exists in the cultural expression of all countries pursuing this power balance.As a modern civilization,constitutionalism has been born out of the practice of political system and the cultural expression of thinkers as the beginning of ancient Greece.It has also embedded the process of modern civilization with a new system and ideology.Montesquieu is a political philosopher at the intersection of ancient constitutional civilization and modern constitutional civilization.His constitutional thought system profoundly influences the development of modern political civilization,and it also bears the branding of ancient traditions.The Republic,the monarchy,and the autocratic regime are the main forms of politics in Montesquieu’s context,and Montesquieu is also on the basis of these three different types of political system to explain his political theory.The three regimes were ancient regimes,and the constitutional monarchy,a modern form of monarchy,was a regime carrying modern civilization and an ideal regime in the eyes of Montesquieu.Law is the inevitable relationship derived from the nature of things.The inevitable relationship between regime and law is an important part of the spirit of law in Montesquieu’s world.In addition,Montesquieu also explored the general relationship between law and the natural and social factors such as customs,trade,religion,population,climate and national material conditions,which together form the spirit of law.The theory of separation of powers and checks and balances is an important part of Montesquieu’s constitutional thought system,and even to a great extent it is the core of his constitutional thought system.Montesquieu’s theory of separation of powers and checks and balances has inherited and developed Rock’s theory of separation of powers(Rock’s theory of checks and balances).Political freedom is the purpose of Montesquieu’s political thought,the thought of rule of law and the thought of separation of powers and checks and balances.According to Montesquieu,only the constitutional monarchy that realizes the restriction and balance of power can realize political freedom,because the objective of the constitutional monarchy is political freedom and the other regimes may also bring free essence.God,but this spirit is not the main spirit of these regimes.Although Britain is an inspiration for Montesquieu to build his constitutional ideology,the United States is the practitioner of his constitutional thought.The traditional constitutional culture was shared by the United Kingdom and the United States,which made Montesquieu a messenger of political principles and spiritual-political freedom-the realization of the isomorphism of the two countries,even though the specific political system of the two countries was very different.Although Montesquieu’s constitutional thought has had an impact on China’s political development,this influence is relatively limited.Although his constitutional thought is flawed,it has not hindered his greatness.