Understanding Locke's View on State, Power, and Resistance
Classified in Law & Jurisprudence
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According to Locke, the state is a necessary entity comprised of institutions such as the legislative, judicial, police, and military. While the state possesses significant power, ultimate authority resides with the citizens. The legitimacy of the regime hinges on its ability to serve the public good.
However, legislative power is not absolute. It cannot seize a citizen's property without their consent. State spending is funded through tax revenues.
In addition to the legislature, there must be an executive branch responsible for implementing and enforcing laws. Locke also distinguishes a third entity, a federation (akin to a ministry of external affairs), which represents the community in its relations with other individuals and external entities. The federation is responsible for decisions regarding alliances, war, peace, and international transactions.
All powers are ultimately dependent on the will of the people, as this is the source of sovereign power's legitimacy. The executive is accountable to the legislature for its decisions.
Lawmakers are elected for specific terms. According to Locke, the power of choice must always be exercised by the people, either at fixed intervals or when summoned. The executive holds the authority to convene the legislature, and a failure to do so constitutes a lapse in the Constitution.
Legislative power is not permanent, nor is the position of the executive head (monarch). If the monarch violates the law, they forfeit their right to be obeyed. The monarch is merely a symbol, image, or representative of the state, acting according to the will of society as expressed by law. They possess no will or power beyond that granted by law. This defines a constitutional monarchy; otherwise, it becomes tyranny and a usurpation of power.
The Right of Resistance Against the Abuse of Power
Locke, in line with thinkers like Thomas Aquinas, recognizes the right to resist unfair, arbitrary, or ineffective exercises of power.
Recognition of this right ensures that the monarch respects the law as the ultimate sovereign.
While it may not entirely deter an absolutist monarch, it does avert the danger of popular revolt. Rebellion is justified when the monarch or legislature acts contrary to their mission. In such cases, the public has the right to judge, as sovereignty ultimately resides in the people.