Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 141. Fourthly, The legislative cannot transfer the power of making
laws to any other hands: for it being but a delegated power from the
people, they who have it cannot pass it over to others. The people alone
can appoint the form of the commonwealth, which is by constituting the
legislative, and appointing in whose hands that shall be. And when the
people have said, We will submit to rules, and be governed by laws made
by such men, and in such forms, no body else can say other men shall
make laws for them; nor can the people be bound by any laws, but such as
are enacted by those whom they have chosen, and authorized to make laws
for them. The power of the legislative, being derived from the people by
a positive voluntary grant and institution, can be no other than what
that positive grant conveyed, which being only to make laws, and not to
make legislators, the legislative can have no power to transfer their
authority of making laws, and place it in other hands.
Sect. 142. These are the bounds which the trust, that is put in them by
the society, and the law of God and nature, have set to the legislative
power of every commonwealth, in all forms of government.
First, They are to govern by promulgated established laws, not to be
varied in particular cases, but to have one rule for rich and poor, for
the favourite at court, and the country man at plough.
Secondly, These laws also ought to be designed for no other end
ultimately, but the good of the people.
Thirdly, They must not raise taxes on the property of the people,
without the consent of the people, given by themselves, or their
deputies. And this properly concerns only such governments where the
legislative is always in being, or at least where the people have not
reserved any part of the legislative to deputies, to be from time to
time chosen by themselves.
Fourthly, The legislative neither must nor can transfer the power of
making laws to any body else, or place it any where, but where the
people have.
CHAPTER. XII.
OF THE LEGISLATIVE, EXECUTIVE, AND FEDERATIVE POWER OF THE
COMMON-WEALTH.
Public-domain text, read in full here on John Shaqi.
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