1st Internal Assignment
Administrative Law
The Doctrine of Separation of Power
Clive D’souza
13010124119
Division B
III Year
Introduction:
The Government of any country will be the agency or machinery through which the will of the people is realised, expressed and formulated. But for the will of the people to be so expressed, realised and formulated, there needs to be a well organized system which works together, jointly as well as separately for ultimate achievement of the goal, which in a democracy would be to help people realise their will, express that will and help the people to formulate the ideas as to what is right for society and be part of what would then become ideally, a true and well functioning democracy.
…show more content…
He was an ardent believer in the theory of natural law which is a philosophy of law that is determined by nature and so would be universal. Natural law refers to the use of reason to analyze human nature, both socially as well as personally and to deduce binding rules out of morality and moral behaviour out of them.
Locke believed that there should be a separation of powers whereby there would a legislative body which has the ultimate power of making laws, he believed that the legislative authority should be given such power, because the members of such legislative authority are elected by the people who will be the guardian of the natural laws that he holds dear and as his first and foremost priority.
John Locke believed that there should be a separation of powers, but rather than the tri-partite system as we know today, he believed in a bi-partite system of governance that included just the executive and the legislature, the legislature being in this case the law making body, whereas the executive would be the king on the monarchy who could exercise judicial powers.
John Locke was questioned by certain other philosophers of government policy on how there could be an executive who is a monarch who has an absolute power alongside a democratic legislature which makes their own laws which are the representative of the will of the society in general,
John Locke liked freedom, he thought that freedom was good for the government. “...(W)e must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose [manage] of their possessions and persons, as they think fit, within the bounds of the law of nature….” (Doc A) This states that Locke wants freedom but their comes consequences. To have this freedom men needed to create a government with a legislature and an executive. Locke’s main idea was people had rights.
Locke’s idea of the state of nature men had kept their promises and honoured their obligations. In locke’s first treatise he argued that there was no divine right for monarchs, because God didn't put men above others and therefore everyone was equal. In his second treatise he strikes Hobbes and speaks his thought on the state of nature “man is free and in this condition all men equal”. For Locke, in the state of nature all men are free to order their actions, of their possessions and persons, as they think fit, within the of the law of nature. This idea influenced him to believe that human nature is represented by reason and tolerance the reasoning was "The state of Nature has a law of Nature to govern it", and that law is the reason. Much different than Hobbes, who had believed people were selfish and needed to be
This was the exact opposite of the absolutist view of government, which said that the king was the ultimate power and that his people had to serve him. Here, Lock was saying that the people were the ultimate power and that the government had to serve them. Locke then goes on to reject absolutism and says that the best form of government would be one with limited power that was accepted by all its citizens. In other words, it would be republicanism.
John Locke was perhaps one of the most influential political philosophers of the modern period. In the Second Treatise of Government, John Locke discusses the move from a state of nature and perfect freedom to a then governed society in which authority is given to a legislative and executive power. His major ideas included liberalism and capitalism, state of nature, state of war and the desire to protect one’s property.
John Locke believed that citizens should give power to those who govern them but not absolute power. He suggested that the "power must remain with the ruled" (Fiero, 97). His social contract that he proposed was similar to Hobbes but
John Locke believed in the state of nature and the dissolution of government. Locke states “When the government is dissolved,the people are at liberty to provide for themselves by erecting a new legislative.” In the quote above John Locke is saying that people are responsible enough to govern themselves without being judged.
Locke’s writing helped inspired many, but impacted mostly the western philosophy (“John Locke: Biography.”) In Locke’s milestone, Two Treatises of Government claimed his revolutionary viewpoint, the natural rights of man and the social contract (“James Harrington Encyclopedia.”) Both impression not only overwrought in England, but also encounter the cognoscenti that formed the later American French Revolution. At the time of England’s downfall, Locke became involved in creating a clear objective for the government. Locke believed the government should be limited and should protect the life, property, and liberty of citizens. Locke wanted a government that met the needs of the people, which is what the makers of the constitution took into account when they set up the legislative branch. The legislative branch is made up of the Senate and House of Representatives. Locke was a long time influence of America, especially when he said “being all equal
John Locke argued for individual freedom. If we had individual freedom we would have a strong government. Locke said it was necessary to a good government. Locke wrote “People are naturally free and have the right to maintain their freedom.”(Document A) To keep this freedom people needed to construct a government that has both an executive and a legislature. To Locke a government created by the people was the best government in his futuristic sense of
Unlike Hobbes, John Locke honestly believes in the good in man and affirms that they have the ability to maintain a civil society with limited government involvement. He credits man’s want to live in a safe and comfortable environment as the reason why they would come together peacefully, not the aggressive rule of government. Locke also believes that there should be a separation in powers of government in order to properly serve the
A government can be created for many reasons that has to do with the people it is catering for. The government can be used in many ways, like protecting the people, watching over the people, or going into the peoples’ personal lives if needed or wanted. Two men create documents based on what their opinions of what the government is made for. Those two men are John Locke and Thomas Jefferson, they have similarities and differences in what their ideas are for creating a new government. Both allow the citizens to establish a new government. However, Locke’s reason to why men create a government is different from Jefferson’s reason. One can see the similarities and differences between Locke and Jefferson. It also can be seen that Jefferson’s idea is the more specific idea to creating a government because his thoughts are more about human’s rights.
Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.
When there is a king, he can make a decision right away and make that plan go into action immediately, thus solving the problem and controlling his citizens. John Locke strongly believed in a direct form of democracy. He concluded that humans are naturally reasonable and understand how to create their own guidelines. Locke believed that the citizens should have ultimate power over the government. He points out that citizens should be able to overthrow the government when they believe the government is not performing at a satisfactory level.
Locke’s main discussions of freedom took place in his work entitled Two Treatises on Government. These views were built upon the view of a natural state in which every individual maintained a state of natural freedom. In this natural state, each individual was free to make decisions and choose actions without any constraints. Locke felt that under this view every individual should maintain equal and independent and refrain from harming one another. However, the main problem in this concept of freedom is that fact that an individual’s free will can be constrained by the actions of another.
John Locke was been one of Americas most significant figures who influence how the country’s political system works today. Locke redefined the whole nature of the government, his views were similar to Thomas Hobbes’ ideas (Hobbes concluded that people are incapable of ruling themselves because it’s in our nature to self-centered not need to a strong leader to control us), however Locke was more optimistic about people’s ability to reason to help avoid tyranny. In Locke’s Second Treatise of Government he identified the basis to a reasonable government. According to Locke a ruler should gain their authority by the people who will be governed because the duty of the government is to protect the natural rights its people (life, liberty, and property), and said that if the government failed to protect these rights, the people should have the right to overthrow its government. These ideas greatly influence Thomas Jefferson when writing the Declaration of Independence. Federalism has also greatly impacted the political system in the United States because it’s the relationship between the authority and people. There are many ways the government can be divided. For example, a cooperative federalism is when the federal government governs unlimitedly and forces lower governments to supervise and enforce national
John Locke (1632-1704) and William Godwin (1756-1836) were both English philosophers. Locke and Godwin discuss their views on the origin, purpose as well as extent of authority of a government in their publications. Locke felt that government originated from a social contract and advocated governments which respected their citizens while Godwin saw any form of government as a form of evil thus he advocated self-government and believed that having no government was the ideal state but in the event of being under a government, minimal authority should be exercised. This essay discusses the difference in their views and I will pay attention to the extent of government authority.