John Locke: Principles of Constitutional Government

John Locke's System of Government Controls

The primary objective of political action, according to John Locke, is the preservation of individual rights. His system relies on several key pillars:

1. Subjugation of Public Authority to Law

Public authorities must remain subject to the conditions of the original contract to avoid arbitrary actions. This conceptualization assumes:

• The existence of a constitutional government.
• The priority of the legislature over other state powers.
• The right of the assembly to depose monarchs.

2. Effective Division of Powers

Locke pioneered the theory of the separation of powers, distinguishing between:

• Legislative Power: Corresponding to Parliament.
• Executive Power: Held by the Crown and its government.
• Federative Power: Empowering the Executive to manage external relations.

Locke separates these powers based on their distinct rationalities; the Executive is subject to the law, while other branches may exercise discretion. Although he does not explicitly mention an independent judiciary, this reflects the historical practice of the House of Lords acting as the final appellate court.

3. Representative Government

Locke emphasizes the necessity of a representative legislature subject to frequent elections, where the majority determines basic policy guidelines. Historically, suffrage was restricted to male taxpayers and those with a vested interest in the general welfare of society.

The Consensual Dimension of Power

Representative government is viewed as the appropriate extension of the consensual dimension of power. For Locke, freedom is understood primarily in its negative sense: an area of autonomy free from outside intervention where everyone is their own master.

4. The Right of Resistance and Revolution

Locke argues for a right of resistance, a prerogative held by the citizenry when a majority feels that its vital interests and rights have been violated by state power. This mechanism serves as a safeguard against the patrimonial state and departures from the general interest.

These elements form the foundation of liberal ideology, significantly influencing the development of the American Constitution and various declarations of rights.