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.” | |||
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". | |||
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