ABSTRACT
Locke argues that there should be a distinct legislature: a body whose function is to make the law that will codify the natural rights of the citizens. Locke fully expects legislative decision-making to be an ongoing business rather than a one-off constitutional framing of the natural rights of the citizens in binding law. Practical experience of the lawmaking process shows that it does involve making complex decisions around ongoing problems. Such power placed in the hands of any person would be dangerous to the citizens, as all people are biased in their own favour and anyone given the power to enforce their opinion as law would be open to corruption; they would ‘suit the law . . . in its making and its execution, to their own private advantage’ (Locke 1924: 190). For this reason, Locke argues, two restraints should be placed on the legislature. These are as follows:
1 The powers of selection and recall: The power to legislate is ‘given by the majority to one or more persons only for the duration of their lives, or any limited time’ (Locke 1924: 183).
