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1051880
Locke - seperation of power
Description
Flow chart setting out important aspects of John Locke's theory of the Seperation of Powers. Also with mention to Montesquieu
No tags specified
political theory
john locke
seperation of powers
dsh ii
Mind Map by
Alice Spendley
, updated more than 1 year ago
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Created by
Alice Spendley
over 10 years ago
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Resource summary
Locke - seperation of power
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
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
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.
1632-1704
Constitutional Type not specified
People can create 'mixed institutions
Should have assembly of Elected Representatives
Could have monarchical/aristocratic elements
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