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Philosophical influences on constitution. What ideas/principles is the constitution based on?

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Presentation on theme: "Philosophical influences on constitution. What ideas/principles is the constitution based on?"— Presentation transcript:

1 Philosophical influences on constitution

2 What ideas/principles is the constitution based on?

3 What is liberalism?

4 John Locke (1632-1704) Wrote ‘A Letter Concerning Toleration’ 1689 and ‘Two Treatises of Government 1690 Ideas developed against backdrop of Glorious Revolution of 1688. What was this and why was it important? Placed emphasis on ‘natural’ or ‘God-given- rights, the rights of life, liberty and property Argued sovereignty lay with people, not the monarch and he advocated a system of limited government

5 Was not a democrat – believed the right to vote was based on existence of natural rights and in particular the right to property If the government, through taxation, possessed the power to expropriate property, citizens were entitled to protect themselves by controlling the tax-setting body : the legislature This inspired the American revolutionaries

6 Idea of limited government State was to act as a ‘night-watchman’ whose services were only to be called upon when order was threatened: 1) State exists to maintain domestic order State ensures contracts or voluntary agreements made between private citizens are enforced State provides protection against external attack

7 Applying idea of limited government and liberalism

8 Montesquieu – 1689 - 1775 Wrote ‘The Spirit of the Laws’ 1748 Championed a form of parliamentary liberalism based on ideas of Locke Believed in order to resist tyranny you should fragment government power, through device of separation of powers Admired British system

9 Separation of powers – is this what the US system looks like? Executive Legislature Judiciary

10 The British system Judiciary ExecutiveLegislature

11 Independent powers or interdependent Note how the powers are separate Note any examples of overlap of powers/personnel

12 Checks and balances


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