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The idea of power constraining power by power is re-understood by Locke, Montesquieu, and Jefferson

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First, Locke's theory of separation of powers

Every country has three kinds of powers. Locke believed that every nation had three powers: legislative power, executive power, and alliance power. Legislative power refers to how the power of the state is used to guarantee the power of each society and its members, as well as the power to promulgate laws. Executive power is vested in the executive organs represented by the King. The right of alliance (diplomatic power) refers to the security and interests of the public, the power to determine the war and peace of the country, and all other matters with foreign countries and individuals. Locke saw the right to unite states as a natural power of the state.

Among the three powers, the legislative power is the highest. Locke believed that the separation of powers was not equality. Because the legislative power has a supreme position, the legislative power is irreplaceable and sacred.

The three rights are intrinsically linked. Locke believed that the three powers were both separate, mutually restrictive, and coordinated. Judging from the restraining effect of the legislative power on the executive power and the alliance power, the legislature still enjoys the power to withdraw the law when it deems it necessary after handing over the laws it has formulated to the organ that implements the law; judging from the restraining effect of the executive power on the legislative power, the executive has the power to convene and dissolve the parliament and the power to decide the date and place of the parliament.

Second, Montesquieu's "spirit" separation of powers

Montesquieu's idea of "separation of powers" is concentrated in his book "On the Spirit of the Law".

Montesquieu pointed out that no one is forced to do what the law imposes on him, nor is it forbidden for anyone to do what the law allows him to do.

In terms of the nature of things, in order to prevent the abuse of power, it is necessary to use power to reduce power.

In Montesquieu's view, a free and sound state must be a country whose power is reasonably and legally limited. The abuse of power is a common phenomenon, that is, in a democratic country, if the state power is too concentrated beyond the control of the people, the state power that comes from the masses of the people will also be transformed into the instrument power of the autocrat to rule the people, and various official ugly phenomena such as corruption and corruption will follow.

In contrast to Locke, Montesquieu's contribution to the history of decentralization lies not in his idea of decentralization, but in his theory of checks and balances. It is precisely because of these important contributions that the theory of separation of powers has advanced from the level of "separation of powers" to the theory of "separation of powers" in the full sense. Jefferson's theory of "double decentralization."

Along with Washington, Jefferson is known as the father of the American Revolution and one of the drafters of the Declaration of Independence. ,

Jefferson proposed that on the basis of the separation of powers between the central and local governments, the separation of powers between the central and state levels should be implemented at the same time, that is, the form of the organization of state power under the decentralized system should be combined with the form of federal state structure to implement a composite democratic system.

In the composite republic of the United States, the power surrendered by the people is first divided between two different governments, and then the part of the power that the governments are given is divided among several separate branches, so that the power of the people is double guaranteed, and the two governments control each other, while the governments control themselves.

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