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Untitled - 24grammata.com

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OF POLITICAL THEORIES. 333political body ;and this body must be directed by theof the majority,or else remain inefficient. As each individual, therefore, must submit his own opinion to that ofthe majority, which thus be<strong>com</strong>es the legislative power, thispower is supreme, whether the constitution be of one kindor another, whether the power be transferred into the handsof many or of a few. It must, however., be distinguishedfrom the executive^ which is subordinate to the other, andhas for its object the observance and fulfilment of the laws.In pursuing this scheme Locke was led to inquire moreparticularly into the distinction between the legislative andexecutive powers, and the principles which he thus established form another and essential cause of gratitude to himas a politicaltheorist. No writer before him had so distinctly separated these elements of a constitution from eachother, or ascertained so closely both their several charactersand mutual relation. But whilst he was busied in claiminga superiority for the legislative over the executive, and insecuring the exercise of it either wholly, or in part at least,to the people or their representatives, he was thus graduallypreparing his way to the maxim, that no constitution is tobe considered a right one in which the legislativeand theexecutive powers are not lodged in different hands. In anunlimited monarchy, therefore^ where the two powers areunited in the ruler without control, the proper relations cannot be established, and the princeis to be regarded as occupying the same position towards hissubjects as that whichevery man held towards his neighbour in the state of nature.This development of the doctrine of a distinction ofpowers in the state, was absolutely necessary to <strong>com</strong>pletethe theory of government, and Locke cannot be denied greatmerit for ac<strong>com</strong>plishing it, as well as for pointing out theadvantages of a free constitution. He thus prepared theground which subsequent writers, however little they otherwise agreed with him in principle., yet made use of to establish their own. But then, on the other hand 3he did not foresee the consequences to which his doctrines might lead for ;although there can be no doubt that the legislative and executive powers ought to be considered as separate in theory >yet how far they ought to be separated in practice^ is awholly different question.

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