Locke - seperation of power

Locke - seperation of power

1. Prerogative

   • Appeal to Heaven**
     • After SON: constitution says who gets to do what
     • Dispute between People and Gov
       • is the Gov fulfilling its obligation? Who's misused the prerogative?
         • There's no higher human authority
           • Fight and god will decide.
   • Right of Exec to act without permission from legis
     • For Common or Public good
       • To better fufill natural law to protect human life.
     • Contradicts Legis supremacy?
       • Locke
         • General rules can't account for everything
         • Rules are arbituary
         • Legis is not always in session to judge
           • Can overrule decision once it reconvenes
             • Because is superior

2. 3 arms of power

   • Legislative - Ultimate authority
     • makes laws
       • Bound by LON: writes laws that further this
       • No need to constantly be in existance
         • Can't be a single person or it would always be in existance
   • Executive
     • Enforces the law
     • Always in existance
   • Federative
     • Right to act internationally
       • All countries are in state of SON with regards to each other, should follow natural law
   • Doesn't mention Judicial like Mont.
     • Power/Institution = seperate
       • Possible for multiple institutions to share power
         • Federative/Executive can have 1 person responsible
     • No 1:1 correspondance between Power and Institutions
     • Not opposed to courts: But thought Exec/Legis already dealt with that function
   • No actual inherent power

3. Right to Rebel

   • The People remain top power
     • People 'entrust' their authority
       • Conditional
       • not permenant
     • Discourages Tyranny because the threat of legitimate rebellion is always there
   • Rule of law not observed,handed over to foreign power etc.

4. 1632-1704

5. Constitutional Type not specified

   • People can create 'mixed institutions
     • Should have assembly of Elected Representatives
   • Could have monarchical/aristocratic elements

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