“The judiciary power should not be given to a permanent senate, but should be exercised by persons drawn from the people.”Montesquieu · Despre spiritul legilor · 1748 · Cartea XI, Capitolul 6
The power to judge should be temporary and delegated to citizens, not monopolized by a permanent caste.
Montesquieu argues that a permanent judiciary risks becoming arbitrary and detached from citizens. By involving people from the populace, judgment remains grounded in common experience and is less prone to abuse. For example, in jury systems, ordinary citizens decide criminal cases, bringing fresh perspective and limiting the influence of a rigid professional body.
Why it matters This idea is relevant today in debates about judicial selection and citizen participation in justice, to maintain balance between expertise and representativeness.