Characteristics of Lockean state
The first and foremost feature of Lockean state is that it exists for the people who form it,
they do not exist for it. Repeatedly he insists that ‘the end of government is the good of the
community’. As C.L. Wayper has rightly pointed out the Lockean ‘ state is a machine which we create for our good and run for our purposes, and it is both dangerous and unnecessary to speak of
some supposed mystical good of state or country independent of the lives of individual citizens.
Locke further insists that all true states must be founded on consent. Further, the true state
must be a constitutional state in which men acknowledge the rule of law. For there can be no
political liberty if a man is subject to the inconstant, uncertain, unknown, arbitrary will of other man.
Government must therefore be established standing laws, promulgated and known to the people,
and not by extemporary decrees.
The most important characteristic of Locke’s true state is that it is limited, not absolute. It is
limited because it derives power from the people, and because it holds power in trust for the people.
As only a fiduciary power to act for certain ends, its authority is confined to securing those ends. It is
limited moreover, by Natural law in particular. The state should exist for the good of the people,
should depend on their consent, should be constitutional and limited in its authority,.
Besides, Lockean state is a tolerant state which will respect differences of opinion. It is a
negative state which does not seek to improve the character of its citizens nor to manage their lives.
Again, Lockean state is also a transformer state, transforming selfish interest into public good.
Limitations of Government
John Locke advocated a limited sovereign state, for reason and experience taught him that political
absolutism was untenable. Describing the characteristics of a good state Locke said it existed for
the people who formed it and not the vice- versa. It had to be based on the consent of the people
subject to the constitution and the rule of law. It is limited since its powers were derived from the
people and were held in trust.
Locke does not build up a conception of legal sovereignty. He abolishes the legal
sovereignty in favour of popular sovereignty. He has no idea of absolute and indivisible sovereignty
as presented by Thomas Hobbes. Locke is for a government based on division of power and subject
to a number of limitations. His limited government cannot command any thing against public
interests. It cannot violate the innate natural rights of the individuals. It cannot govern arbitrarily
and tax the subjects without their consent . Its laws must conform to the laws of Nature and of god.
It is not the government which is sovereign but law which is rooted in common consent. Its laws
must conform to the laws of Nature and of God. It is not the government which is sovereign but law
which is rooted in common consent. A government which violates its limitations is not worthy of
obedience.
Most important in terms of limiting the power of government is the democratic principal itself. The
legislature is to be periodically elected by the people. It could be no other way, in fact, since
legitimate government must be based upon the consent of the governed according to Locke, and
direct election of representatives to the legislature makes consent a reality. And since elected
representatives depend of popular support for their tenure in office, they have every interest in
staying within legal bounds.
A further limitation upon the legislative power recommended by Locke is limiting of the duration of
legislative sessions because, he argues constant frequent meetings of the legislative could not but
be burdensome to the people”.
In Locke’s mind, the less frequent the meetings of the legislature the fewer the laws passed and
consequently, the less chance that mischief will be done.
Another crucially important structural principle in limiting the power of government is the separation
of powers. Between the legislative and executive, the logic behind this principle, according to
Locke, is that “It may be too great a temptation to human frailty apt to grasp at power fo the same
persons who have the power of making laws, to have also in their hands the power to execute
them. .” Locke, however, does not go so far as to make the separation of powers an absolute
condition for limited government.
So this is all about it of my article.
The first and foremost feature of Lockean state is that it exists for the people who form it,
they do not exist for it. Repeatedly he insists that ‘the end of government is the good of the
community’. As C.L. Wayper has rightly pointed out the Lockean ‘ state is a machine which we create for our good and run for our purposes, and it is both dangerous and unnecessary to speak of
some supposed mystical good of state or country independent of the lives of individual citizens.
Locke further insists that all true states must be founded on consent. Further, the true state
must be a constitutional state in which men acknowledge the rule of law. For there can be no
political liberty if a man is subject to the inconstant, uncertain, unknown, arbitrary will of other man.
Government must therefore be established standing laws, promulgated and known to the people,
and not by extemporary decrees.
The most important characteristic of Locke’s true state is that it is limited, not absolute. It is
limited because it derives power from the people, and because it holds power in trust for the people.
As only a fiduciary power to act for certain ends, its authority is confined to securing those ends. It is
limited moreover, by Natural law in particular. The state should exist for the good of the people,
should depend on their consent, should be constitutional and limited in its authority,.
Besides, Lockean state is a tolerant state which will respect differences of opinion. It is a
negative state which does not seek to improve the character of its citizens nor to manage their lives.
Again, Lockean state is also a transformer state, transforming selfish interest into public good.
Limitations of Government
John Locke advocated a limited sovereign state, for reason and experience taught him that political
absolutism was untenable. Describing the characteristics of a good state Locke said it existed for
the people who formed it and not the vice- versa. It had to be based on the consent of the people
subject to the constitution and the rule of law. It is limited since its powers were derived from the
people and were held in trust.
Locke does not build up a conception of legal sovereignty. He abolishes the legal
sovereignty in favour of popular sovereignty. He has no idea of absolute and indivisible sovereignty
as presented by Thomas Hobbes. Locke is for a government based on division of power and subject
to a number of limitations. His limited government cannot command any thing against public
interests. It cannot violate the innate natural rights of the individuals. It cannot govern arbitrarily
and tax the subjects without their consent . Its laws must conform to the laws of Nature and of god.
It is not the government which is sovereign but law which is rooted in common consent. Its laws
must conform to the laws of Nature and of God. It is not the government which is sovereign but law
which is rooted in common consent. A government which violates its limitations is not worthy of
obedience.
Most important in terms of limiting the power of government is the democratic principal itself. The
legislature is to be periodically elected by the people. It could be no other way, in fact, since
legitimate government must be based upon the consent of the governed according to Locke, and
direct election of representatives to the legislature makes consent a reality. And since elected
representatives depend of popular support for their tenure in office, they have every interest in
staying within legal bounds.
A further limitation upon the legislative power recommended by Locke is limiting of the duration of
legislative sessions because, he argues constant frequent meetings of the legislative could not but
be burdensome to the people”.
In Locke’s mind, the less frequent the meetings of the legislature the fewer the laws passed and
consequently, the less chance that mischief will be done.
Another crucially important structural principle in limiting the power of government is the separation
of powers. Between the legislative and executive, the logic behind this principle, according to
Locke, is that “It may be too great a temptation to human frailty apt to grasp at power fo the same
persons who have the power of making laws, to have also in their hands the power to execute
them. .” Locke, however, does not go so far as to make the separation of powers an absolute
condition for limited government.
So this is all about it of my article.
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