The Science of Soviet Criminal Procedure and Improvement of Legislation

One might think that the history of governmental development has answered this question. Elements of the doctrine of division of powers may be found even in Aristotle. This doctrine was supported by Marsilius of Padua, John Locke and others, but it was Montesquieu who stated it most clearly. In his opinion, the best form of state structure could be held to be one that assured its citizens political freedom under conditions of the division of powers into legislative, executive, and judicial. The function of this division, under the conditions of antagonistic relationships among classes, was to provide "restraints" against the misuse of power by any social group or individual.