The Legislatures Right to Assemble   3 comments

I will be dealing with Lockes concept of the executive having the power to organize the assembly of the legislature stated on pages 80-81, sections 155-156.

Locke begins by stating that the executive has the power to assemble and dismiss the legislature. This power is not something that is discretionary and cannot hinder the Legislature from meeting. If the legislature does not have enough time to meet or is prevented from meeting at all then it is robbing the people of its benefits and is not fulfilling its social contract. If the executive does anything to hinder the meeting and acting of the legislature then it is has broken the contract with the people. This breach of the contract allows the people to use force to remove the executive and therefore this has entered the executive and the people into a state of war. This usage of force is not something that the people necessarily want to do, but they must do in order to uphold the contract they have with the government. So even though the power to organize the legislature is held by the executive, it has no right to restrict or limit its meetings. This is an important balance of power shared between the different branches of government and is just one of the many checks and balances that Locke presents within the Second Treatise.

Posted November 2, 2011 by Mitchell in Uncategorized

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