John Locke’s Treatise on Civil Government: Power & Society
John Locke’s Second Treatise of Government
Chapter XIII: Subordination of Powers in the Political Community
Section 149: The Supreme Power of the People
In a well-established political society, there is only one sovereign power: the legislative. All other powers are subordinate to it. However, the people retain the ultimate power to remove or alter the legislature if it acts against its entrusted mission. In such cases, the power reverts to the people, who may then entrust it to new individuals they deem fit to ensure their preservation. Thus, society perpetually holds the sovereign power, preventing any individual, even legislators, from acting against the liberties and property of the people. No individual or group can relinquish their right to self-preservation, and they have the right to remove those who violate this fundamental law. The community always holds supreme power, but this power becomes active only when the existing government is dissolved.
Section 150: The Legislature as Supreme Power
The legislature is the supreme power as long as the government remains in place. The power to make laws for all members of society, and to enforce those laws, necessitates its supremacy. All other powers within society derive from and are subject to the legislature.
Section 151: Sovereign Power in Different Polities
In some political communities, the legislature does not operate permanently, and the executive (often a single person) also participates in the legislature. In such cases, this individual may be considered the sovereign power, not because they possess the absolute power to make laws, but because they hold the supreme executive power, from which all lower courts derive their authority. As there is a legislature superior to this individual, no law can be made without its approval. Therefore, this individual can be seen as the sovereign power. Oaths of homage and fidelity are not sworn to the supreme legislator, but to the supreme executor of the law, in which the individual only participates in enactment. Tribute is obedience to the law, and if this individual breaks the law, they are not entitled to obedience. They should be seen as a representative of the political community, acting according to the will of the people as declared in its laws. When they abandon this representation and act according to their own will, they lose their authority, and the members of society owe obedience only to the common will.
Section 152: The Executive Power and its Subordination
The executive power, when entrusted to an individual not involved in legislation, is clearly subordinate to the legislature. It can be transferred or altered at will. However, when the supreme executive power is entrusted to someone who also participates in the legislature, their subordination is limited. The specific powers and subordination of different branches of government vary across political communities. However, it is important to note that the authority of each power never exceeds what has been delegated to it, and all are accountable to some other power within the political society.