A Constitutional Framework: The Relationship of Supreme Power and Indiv

A Constitutional Framework The Relationship of Supreme Power and Individual Rights in the Second TreatiseThe supremacy of legislative cater is a deceptive phrase in the Second Treatise. If one were to follow Lockes blueprint for the original formation of the commonwealth closely, it would become unembellished that supreme power in political cabaret rests with the tidy sum, not the legislature, because ultimately, at that place must be a constitution that is written by the people. In clubhouse to most clearly see this, a preeminence must be drawn between the basic political community and the higher level grounding of disposal, and the events that take place in each sector must be differentiated. In light of this distinction, the relationship between person rights and the rights of the legislative can be seen to be much more dynamic as supreme power may shift from one to the other depending on the actions of the legislative and the reactions of the people. The retention of man-to-man natural rights within Lockes govern handst becomes importantly less problematic than if the legislative were invariably supreme, although the recourse available to the individual who finds himself outside the volume is close up relatively limited by the power of the majority in political society.The fundamental premise that a commonwealth is formed before its government is created implies that there exists a space of time between mens leaving the state of genius and the establishment of a government, and it is this time that separates Lockes initial political society from his later stage of political society with a government he later calls this stage society itself as distinct from government (XIX, 211) . The events of the enactment stage are cri... ...im others, like the protection of his airplane propeller and the right to appeal to disinterested judges. The constitution is the means by which these rights may be preserved against the power of the legislative in g overnment, and the standard by which the people may measure the justice of the laws promulgated by the legislative. Within the constitutional framework, Locke provides for the protection of the individual from the government through the codification of his natural rights, and the protection of the individual from the majority is at least partially secured by the protection of his property. The problem of the tyranny of the majority is not wholly solved by the introduction of a constitution into political society, but Locke seems to see his safeguards as the most expansive that can be achieved down the stairs a government to which men in nature must give something up to enter. A Constitutional Framework The Relationship of Supreme Power and IndivA Constitutional Framework The Relationship of Supreme Power and Individual Rights in the Second TreatiseThe supremacy of legislative power is a deceptive phrase in the Second Treatise. If one were to follow Lockes blueprint f or the original formation of the commonwealth closely, it would become apparent that supreme power in political society rests with the people, not the legislature, because ultimately, there must be a constitution that is written by the people. In order to most clearly see this, a distinction must be drawn between the basic political society and the higher level institution of government, and the events that take place in each sphere must be differentiated. In light of this distinction, the relationship between individual rights and the rights of the legislative can be seen to be much more dynamic as supreme power may shift from one to the other depending on the actions of the legislative and the reactions of the people. The retention of individual natural rights within Lockes government becomes significantly less problematic than if the legislative were invariably supreme, although the recourse available to the individual who finds himself outside the majority is still relatively li mited by the power of the majority in political society.The fundamental premise that a commonwealth is formed before its government is created implies that there exists a space of time between mens leaving the state of nature and the establishment of a government, and it is this time that separates Lockes initial political society from his later stage of political society with a government he later calls this stage society itself as distinct from government (XIX, 211) . The events of the transition stage are cri... ...im others, like the protection of his property and the right to appeal to disinterested judges. The constitution is the means by which these rights may be preserved against the power of the legislative in government, and the standard by which the people may measure the justice of the laws promulgated by the legislative. Within the constitutional framework, Locke provides for the protection of the individual from the government through the codification of his natural r ights, and the protection of the individual from the majority is at least partially secured by the protection of his property. The problem of the tyranny of the majority is not wholly solved by the introduction of a constitution into political society, but Locke seems to see his safeguards as the most expansive that can be achieved under a government to which men in nature must give something up to enter.