Montesquieu’s Theory of the Separation of Powers, Legislative Flexibility and Judicial Restraint in an Unwritten Constitution

A constitution is a body of laws that composed various branches which exist as the legal source its powers. These are designed to regulate by defining role executive, legislature and judiciary, three organs government Baron Montesquieu defined necessary in constitution. The constitutional can be evaluated on capacity (i) maintain rule law, (ii) preserve an electoral mechanism for political democracy (iii) protect morally legally acceptable set substantive rights. conventions unwritten constitutions balance powers relying concept judicial restraint deference executive. contemporary relevance Montesquieu’s theory context fused system, question extent executive override matters state.
 Keywords: separation powers; constitution; Westminster model; constitutionalism; juridical review; “one voice” principle; administrative deference.