‘There is no liberty’, ‘if the judiciary power be not separated from the legislative and executive. When judges make law, they exercise legislative power. However, the judges are not, inanimate beings who cannot or moderate its strength or its accuracy. The role of interpretation of the laws would not be exercised by a body of judges, but by a court "must", linked to the legislative body - the stamp and representative nature of potential - would represent this "supreme power" to issue the laws and therefore mitigate their equity through the rigors and interpretation. Montesquieu did not conceive, therefore, a court composed of judges chosen by the people, with the task of interpreting the law or slow the accuracy in specific cases, insofar as the function of regulation was totally separate from the administration of justice. A body with such powers would be much closer to a supreme legislative body, which represent the will of the nation. The demarcation of political space is clear, in that the legislature had, on this view, prominence over the others, and even the function of controlling them, but "forced to walk in line."
