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Locke, John

"Second Treatise Of Government"


CHAP. XII.
Of the Legislative, Executive, and Federative
Power of the Common-wealth.
Sec. 143. THE legislative power is that, which has a right
to direct how the force of the common-wealth shall be employed
for preserving the community and the members of it. But because
those laws which are constantly to be executed, and whose force
is always to continue, may be made in a little time; therefore
there is no need, that the legislative should be always in being,
not having always business to do. And because it may be too
great a temptation to human frailty, apt to grasp at power, for
the same persons, who have the power of making laws, to have also
in their hands the power to execute them, whereby they may exempt
themselves from obedience to the laws they make, and suit the
law, both in its making, and execution, to their own private
advantage, and thereby come to have a distinct interest from the
rest of the community, contrary to the end of society and
government: therefore in well
ordered commonwealths, where the good of the whole is so con
sidered, as it ought, the legislative power is put into the hands
of divers persons, who duly assembled, have by themselves, or
jointly with others, a power to make laws, which when they have
done, being separated again, they are themselves subject to the
laws they have made; which is a new and near tie upon them, to
take care, that they make them for the public good.


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