CHITIKA

Showing posts with label power. Show all posts
Showing posts with label power. Show all posts

Sunday, October 24, 2010

Trias politica , Montesqieu

Montesquieu (1689-1755)
Montesqueieu (real name Secondat Baron de Montesquieu) proposed his political thoughts after reading the works of John Locke. Fruit thoughts contained in magnum opusnya, Spirits of the Laws, published in 1748.
In connection with the concept of separation of powers, Montesquieu wrote as follows: "In every government there are three kinds of power: legislative power, executive power, about the things that pleased with the law between nations, and judicial powers are about things that depend on the law civilian.
With the power, the prince or magistrate issued a law that has been issued. With the second power, he makes peace or war, sends or receives ambassadors, establish public security and prepare to fight the invasion. With a third power, he punishes criminals, or decide disputes between individuals. That this end we call the judiciary, other state executive power. "
Thus, the concept of Trias Politica are referenced by many countries in the world today is a concept that comes from this French thinker. However, this concept continues to experience competition with other control concepts like power of Dynasties (Saudi Arabia), Wilayatul Faqih (Iran), Dictatorship of the Proletariat (North Korea, China, Cuba).

Trias Politica, john Locke

John Locke (1632-1704)
Thinking about the Trias Politica John Locke is in the Magnum Opus (great work) which he wrote and titled Two treatises of Government, published in 1690. In his work, Locke said that the basic nature of man is "to work (change of nature with his own sweat)" and "has the property (property)." Therefore, both countries should be able to protect people who work and also to protect the property of each person who obtained based on the results of such work. Why Locke wrote this work in such important issues?
In times when Locke's life, belongs to everyone, especially the aristocracy, are in a vulnerable position when faced with the king.Often king arbitrarily acquired belonged to the nobility on the pretext of a wide range. Therefore, not surprisingly, the nobility sometimes make war with the king because persengkataan this property, such as livestock, land, and the castle.
State exists with the primary purpose of protecting private property from attacks other individuals, so the purpose of Locke's version.To meet these objectives, the need for separate power, power that is not solely in the hands of a king / queen. According to Locke, who had separated powers are legislative, executive and federative
Legislative power is the power to make laws. The important thing to be made in the legislation is that people want to peacefully enjoy his property. For the situation of 'peace' would need to rise laws that govern them. However, for John Locke, the people who meant the general public but not the nobility. The common people do not fall within this community structure is defended by him. People's version of Locke's representative is the representative of the nobility to deal with the king / queen of England.
The Executive is the power to carry out the mandate of the law. In this case the executive power in the hands of the king / queen of England. The nobility did not implement their own laws they make, but delivered into the hands of the king / queen.
Federative power relationships are with countries or other kingdoms. This power is similar to the State Department today.This power, among others, to build a league of war, foreign policy alliances, declare war and peace, the appointment of ambassadors, and the like. This power because of reasons of practicality, submitted to the king / queen of England, as the executive power.
From John Locke's political thought can be drawn one conclusion, that the power split of 3, 2 are in the hands of the king / queen and 1 was in the hands of the nobility. Locke's thinking was not fully in accordance with the understanding Trias Politica in the present.Thought Locke then disempurkan by French colleagues, Montesquieu.