The following remarks must be made in order that we may not fall into
the common error of confusing the republican with the democratic
constitution. The forms of the state (_civitas_)[121] may be
classified according to either of two principles of division:—the
difference of the persons who hold the supreme authority in the
state, and the manner in which the people are governed by their
ruler whoever he may be. The first is properly called the form
of sovereignty (_forma imperii_), and there can be only three
constitutions differing in this respect: where, namely, the supreme
authority belongs to only one, to several individuals working
together, or to the whole people constituting the civil society. Thus
we have autocracy or the sovereignty of a monarch, aristocracy or
the sovereignty of the nobility, and democracy or the sovereignty
of the people. The second principle of division is the form of
government (_forma regiminis_), and refers to the way in which the
state makes use of its supreme power: for the manner of government
is based on the constitution, itself the act of that universal will
which transforms a multitude into a nation. In this respect the form
of government is either republican or despotic. Republicanism is the
political principle of severing the executive power of the government
from the legislature. Despotism is that principle in pursuance of
which the state arbitrarily puts into effect laws which it has itself
made: consequently it is the administration of the public will, but
this is identical with the private will of the ruler. Of these three
forms of a state, democracy, in the proper sense of the word, is
of necessity despotism, because it establishes an executive power,
since all decree regarding—and, if need be, against—any individual
who dissents from them. Therefore the “whole people”, so-called, who
carry their measure are really not all, but only a majority: so that
here the universal will is in contradiction with itself and with the
principle of freedom.
[121] Cf. Hobbes: _On Dominion_, Ch. VII. § 1. “As for the
difference of cities, it is taken from the difference of the
persons to whom the supreme power is committed. This power is
committed either to _one man_, or _council_, or some _one court_
consisting of many men.” [Tr.]