Locke - seperation of power

Alice Spendley
Mind Map by , created over 5 years ago

Flow chart setting out important aspects of John Locke's theory of the Seperation of Powers. Also with mention to Montesquieu

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Alice Spendley
Created by Alice Spendley over 5 years ago
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Locke - seperation of power
1 Prerogative
1.1 Appeal to Heaven**
1.1.1 After SON: constitution says who gets to do what
1.1.2 Dispute between People and Gov
1.1.2.1 is the Gov fulfilling its obligation? Who's misused the prerogative?
1.1.2.1.1 There's no higher human authority
1.1.2.1.1.1 Fight and god will decide.
1.2 Right of Exec to act without permission from legis
1.2.1 For Common or Public good
1.2.1.1 To better fufill natural law to protect human life.
1.2.2 Contradicts Legis supremacy?
1.2.2.1 Locke
1.2.2.1.1 General rules can't account for everything
1.2.2.1.2 Rules are arbituary
1.2.2.1.3 Legis is not always in session to judge
1.2.2.1.3.1 Can overrule decision once it reconvenes
1.2.2.1.3.1.1 Because is superior
2 3 arms of power
2.1 Legislative - Ultimate authority
2.1.1 makes laws
2.1.1.1 Bound by LON: writes laws that further this
2.1.1.2 No need to constantly be in existance
2.1.1.2.1 Can't be a single person or it would always be in existance
2.2 Executive
2.2.1 Enforces the law
2.2.2 Always in existance
2.3 Federative
2.3.1 Right to act internationally
2.3.1.1 All countries are in state of SON with regards to each other, should follow natural law
2.4 Doesn't mention Judicial like Mont.
2.4.1 Power/Institution = seperate
2.4.1.1 Possible for multiple institutions to share power
2.4.1.1.1 Federative/Executive can have 1 person responsible
2.4.2 No 1:1 correspondance between Power and Institutions
2.4.3 Not opposed to courts: But thought Exec/Legis already dealt with that function
2.5 No actual inherent power
3 Right to Rebel
3.1 The People remain top power
3.1.1 People 'entrust' their authority
3.1.1.1 Conditional
3.1.1.2 not permenant
3.1.2 Discourages Tyranny because the threat of legitimate rebellion is always there
3.2 Rule of law not observed,handed over to foreign power etc.
4 1632-1704
5 Constitutional Type not specified
5.1 People can create 'mixed institutions
5.1.1 Should have assembly of Elected Representatives
5.2 Could have monarchical/aristocratic elements