government theory

Chapter 44 On the Legislative, Executive and External Powers of the State
143．Legislative power means the right to direct the use of the power of the state in order to protect the society and its members.As laws which must always be enforced can be enacted for a time, and their effect is permanent, it is not necessary that the legislature should always exist, since there is not always work to do.At the same time, if the same people have both the power to make and execute the laws, there will be temptations for men to seize power at every turn, so as to exempt themselves from the laws they themselves make, and they are making and executing the laws. Sometimes, it will make the law favorable to their private interests, and thus have different rights and interests from the rest of the society, thus violating the original intention of the society and the government to make the law.In a well-organized state, therefore, attention should be paid to the welfare of the whole, and if the legislative power is vested in several persons, who assemble at regular intervals and hold the power to make laws either by themselves or in association with others, and when laws are made they are again dispersed. and are themselves bound by the laws they make; and this is a new and immediate restraint upon them, which will enable them to make laws for the public good.

144．But those laws, which are made for a time and for a short time, have no lasting effect, and require constant enforcement and attention. Therefore, there is a need for a permanent power to enforce the laws that are made and continue to be in force.Therefore, legislative power and executive power are often separated.

145．A country also has another kind of power, which is called natural power, which is equivalent to the power enjoyed by everyone based on nature before joining society.For in a nation the members are still distinct individuals in relation to one another, and as such are subject to the laws of the society, but in relation to the rest of humanity they constitute A whole as each of its members was before, and still in a state of nature like the rest of humanity.Therefore, disputes between members of the society and others outside are settled by the public; and damages caused by a member of their whole are also relative to the whole society.From this, therefore, it is inferred that the whole society is in a state of nature in relation to all other countries or persons outside this society.

146．This includes, therefore, the power of war and peace, of unions and alliances, and of all affairs with all men and societies abroad, which we call, if we may, foreign powers.Of course, as long as I can understand this kind of thing, I don't care what the name is.

147．Although there is indeed a difference between executive power and external power, the former covers domestic laws for all members of society, while the latter refers to dealing with external matters related to public safety and interests, including all possible benefits or damages , but the two powers are almost always united.Whether this kind of external power is appropriate or not has a great impact on the country, but compared with the executive power, it is far from being guided by the long-term effective express law stipulated earlier. forethought to exercise this power for the public good.As for the laws concerning the relations of subjects, since they are to direct their actions, they may be made in advance.But what measures to take with regard to foreigners, since it depends largely on the actions of foreigners and the changes in their intentions and interests, must be largely left to the wisdom of those who have this power, according to Their talents serve the interests of the country.

148．As I said, although the executive power and external power in each society are different, they are difficult to separate and be held by different people at the same time, because the exercise of both requires the power of society, and the power of the state It is almost impossible to place all powers in the hands of different and independent people; and if the executive and foreign powers are in the hands of those who can act independently, the public interest will be in different places. Will sooner or later lead to chaos and disaster.

(End of this chapter)