[Political Thought in England from Locke to Bentham by Harold J. Laski]@TWC D-Link bookPolitical Thought in England from Locke to Bentham CHAPTER II 36/73
Otherwise legislators "may exempt themselves from obedience to the laws they make, and suit the law, both in its making and its execution, to their own private wish, and thereby come to have a distinct interest from the rest of the community, 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.
<<Back Index Next>> D-Link book Top TWC mobile books
|