Definitions

Question 1

John Locke (6 points)

Answer 1

• locke drew a distinction between the three types of power we know today
• locke believed in social contract’ this was an agreement between the ruled and their rulers defining the rights and duties of each
• locke described the state of nature as one in which the rights of life and property were generally recognized under natural law
• obeying a civil government was conditional upon their protection of not only life but also of private property
• institutions who makes laws should not also possess the powers to execute those laws because of the risk that human weakness and thirst for power and control will result in abuse of power
• complete power should never be vested in only one organisation

Question 2

Montesquieu

Answer 2

if law making, law implementing and trying of individuals under that law was exercised by just one body it would be the end of freedom and would result in oppression and dictatorship

Question 3

Modern-day - Bradley and Ewing (Book)

Answer 3

law as a concept cannot exist where a democratic government is threatened by a single body possessing all of the power

Question 4

Modern Definition - Lester and Oliver (Book)

Answer 4

stresses that where we as individuals have a say in the way our government operates there is no basis for any single body being in full control of law making, law implementing and judicial powers