The Century of Lights’
The illustration or "The Century of Lights" is located in the 18th century, can be defined as the liberation of man from his lack of decision and value to follow his reason. Being the motto of this philosophical movement, the search for the value to overcome laziness and cowardice. Directly attacking political oppression. Political oppression from any type of government that are not free states by nature. Which do not ensure the political freedom of their members. Defining "political freedom" as the right to do what is allowed by law. To maintain this right, a constitution must be created that does not force anyone to commit actions that violate the law, or that limit their ability to act according to what the law allows. Proposing and defining that the proper way of governing, which ensures "political freedom", is found in the division of the three powers, legislative, executive and judicial;establishing certain duties for each.
These duties being that, first, the Legislative Power must respect the laws previously established, promulgated and known by its citizens. Second, the Executive, using the force of the community, must make sure that these laws are executed within the country, and, in foreign relations, it must prevent or punish the injuries that come from outside, protecting the community against invasions and incursions. Finally, the Judiciary must be able to resolve the conflicts that are presented with a neutral and honest character, based on the laws of the community, seeking the well -being and protection of the property of each citizen. All this in order to achieve the peace, security and good of the people.
The reason why this government system proposes as adequate, ensuring political freedom;which for each citizen not to fear anything, is because he does not allow tyranny or arbitrariness. Since, if the Executive Power is attached to the Legislative Power in the same person or in the same body, it facilitates the existence of tyrannical laws that are enforced tyrannically. Nor is there freedom if the Judiciary joins the Legislative or the Executive in the same person or body. If he joins the first, that would imply that the judge also becomes a legislator, facilitating arbitrariness. Now, when it joins the second, we have as a result a judge who also executes, facilitating that he becomes an oppressor. Finally, if the three powers join in the same body or person, everything would be lost, opening the way to a tyranny.
In conclusion, in the period of the Enlightenment, it is defined that the appropriate way of governing is that which ensures political freedom, that is, the right of each community member to be able to act as the established law allows it. To ensure this right, the passage to tyranny and arbitrariness must be difficult, since this would allow the limitation of citizens’ freedom and foster the fear that they feel for each other. Finally, this form of government can only be achieved by dividing the three powers of the State: legislative, executive and judicial.
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