structure for 'Political Theory'    |     alphabetical list of themes    |     unexpand these ideas

24. Political Theory / C. Ruling a State / 3. Government / b. Legislature

[part of government which creates the laws]

3 ideas
We hold that every piece of legislation is just [Aristotle]
     Full Idea: What is prescribed by legislation is lawful, and we hold that every such ordinance is just.
     From: Aristotle (Nicomachean Ethics [c.334 BCE], 1129b12)
     A reaction: This sounds astonishingly conservative, and doesn't seem to allow for the possibility of bad laws (even those made by tyrants, let alone those made by a misguided democracy). The basis is, presumably, society as a 'natural' institution.
Even the legislature must be preceded by a law which gives it power to make laws [Locke]
     Full Idea: The first and fundamental positive law of all commonwealths is the establishing of the legislative power, as the first and fundamental natural law which is to govern even the legislative.
     From: John Locke (Second Treatise of Government [1690], 134)
     A reaction: I think Rousseau says that there cannot be a law which enables the general will to set up legislative powers. It just seems to be something which happens. Locke is threatened with an infinite regress. What legitimises the enabling law?
The judiciary must be separate from the legislature, to avoid arbitrary power [Montesquieu]
     Full Idea: Were the judicial power joined to the legislative, the life and liberty of the citizens would be subject to arbitrary power. For the judge would then be the legislator.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.06)
     A reaction: This is the key 'separation of powers', which seems to be a mantra for nearly all theories of the state.