User:Nick Gardner /Sandbox: Difference between revisions

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Rousseau sees clearly the necessity, if popular consent in
government is to be more than a name, of giving it some constitutional
means of expression. For Locke’s theory of tacit
consent, he substitutes an active agreement periodically renewed.


“Sovereignty
is the exercise of the general will.”
The body politic is also a
moral being, possessed of a will, and this general will, which
tends always to the preservation and welfare of the whole and
of every part, and is the source of the laws,
First, he
rejects representative government; will being, in his theory, inalienable
representative Sovereignty is impossible.
Montesquieu's tripartite system
The term is ascribed to French Enlightenment political philosopher Baron de Montesquieu.[2][3] Montesquieu described division of political power among an executive, a legislature, and a judiciary. He based this model on the British constitutional system, in which he perceived a separation of powers among the monarch, Parliament, and the courts of law.
Montesquieu did specify that "the independence of the judiciary has to be real, and not apparent merely".
Refinements that also found  favour were [[James Madison]]'s advocacy of  a system  of "checks and balances" to limit the powers of special interests<ref name=mad>[http://www.constitution.org/fed/federa10.htm Thomas Madison: ''The Federalist No 10'', Daily Advertiser, November 22, 1787]</ref>, and the Baron Montesquieu's advocacy of  the separation of powers among legislature, executive and judiciary<ref>[http://www.gutenberg.org/files/27573/27573-h/27573-h.htm Montesquieu, Baron de Charles de Secondat: ''de l'Esprit des Lois''(1748), Project Gutenberg]</ref>.
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