1051880
Description
Mind Map by Alice Spendley, updated more than 1 year ago
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Created by Alice Spendley
almost 10 years ago
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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.
- Fight and god will decide.
- There's no higher human authority
- is the Gov fulfilling its obligation? Who's misused the prerogative?
- After SON: constitution says who gets to do what
- Right of Exec to act without permission from legis
- For Common or Public good
- To better fufill natural law to protect human life.
- 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
- Because is superior
- Can overrule decision once it reconvenes
- General rules can't account for everything
- Locke
- For Common or Public good
- Appeal to Heaven**
- 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
- Can't be a single person or it would always be in existance
- Bound by LON: writes laws that further this
- makes laws
- Executive
- Enforces the law
- Always in existance
- Enforces the law
- Federative
- Right to act internationally
- All countries are in state of SON with regards to each other, should follow natural law
- All countries are in state of SON with regards to each other, should follow natural law
- Right to act internationally
- Doesn't mention Judicial like Mont.
- Power/Institution = seperate
- Possible for multiple institutions to share power
- Federative/Executive can have 1 person responsible
- Federative/Executive can have 1 person responsible
- Possible for multiple institutions to share power
- No 1:1 correspondance between Power and Institutions
- Not opposed to courts: But thought Exec/Legis already dealt with that function
- Power/Institution = seperate
- No actual inherent power
- Legislative - Ultimate authority
- Right to Rebel
- The People remain top power
- People 'entrust' their authority
- Conditional
- not permenant
- Conditional
- Discourages Tyranny because the threat of legitimate rebellion is always there
- People 'entrust' their authority
- Rule of law not observed,handed over to foreign power etc.
- The People remain top power
- 1632-1704
- Constitutional Type not specified
- People can create 'mixed institutions
- Should have assembly of Elected Representatives
- Should have assembly of Elected Representatives
- Could have monarchical/aristocratic elements
- People can create 'mixed institutions
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