Book-bot.com - read famous books online for free

Political Thought in England from Locke to Bentham by Harold J. Laski
page 28 of 195 (14%)
contrary to the end of society and government." The legislator must
therefore be bound by his own laws; and he must be chosen in such
fashion that the representative assembly may fairly represent its
constituencies. It was the patent anomalies of the existent scheme of
distribution which made Locke here proffer his famous suggestion that
the rotten boroughs should be abolished by executive act. One hundred
and forty years were still to pass before this wise suggestion was
translated into statute.

Though Locke thus insisted upon the separation of powers, he realized
that emergencies are the parent of special need; and he recognized that
not only may the executive, as in England, share in the task of
legislation, but also may issue ordinances when the legislature is not
in session, or act contrary to law in case of grave danger. Nor can the
executive be forced to summon the legislature. Here, clearly enough,
Locke is generalizing from the English constitution; and its sense of
compromise is implicit in his remarks. Nor is his surrender here of
consent sufficient to be inconsistent with his general outlook. For at
the back of each governmental act, there is, in his own mind, an active
citizen body occupied in judging it with single-minded reference to the
law of nature and their own natural rights. There is thus a standard of
right and wrong superior to all powers within the State. "A government,"
as he says, "is not free to do as it pleases ... the law of nature
stands as an eternal rule to all men, legislators as well as others."
The social contract is secreted in the interstices of public statutes.

Its corollary is the right of revolution. It is interesting that he
should have adopted this position; for in 1676 he had uttered the
thought that not even the demands of conscience[3] can justify
rebellion. That was, however, before the tyranny of Charles had driven
DigitalOcean Referral Badge