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Political Science
Greg Flynn

PUBLIC LAW THEORIES OF THE STATE 1. FORMATION OF CONSTITUTIONS 2. HOBBES: Leviathan a. State of Nature: the state was an instrument for ensuring human survival and physical security. This collectivist “law and order” can be seen through Canada’s “Peace, order and good government” clause in the 67 Constitution. State of nature: mankind in natural state is continual fear and danger of violent death and the life of man is solitary, brutish, poor nasty and short b. Formation of Social Contract: of getting themselves out of a state of war and a miserable condition they agree to set up an artificial contract which is a common power to keep them in awe and to direct their actions towards a common benefit. It can be by natural force(commonwealth by institution) or by war (commonwealth by acquisition) c. Necessity of Sovereign and Law: The only way to erect a common power as may be able to defend them from the invasion of foreigners and the injuries of one another and thereby to secure them in such sort as that by their own industry and by the fruits of the earth they may nourish themselves and live in content is to confer all their power and strength onto one man or an assembly of men that may reduce all their wills by plurality of voices unto one will. d. Limits on Sovereign 3. LOCKE a. State of Nature and Liberty of Men: Men by nature are all free, equal and independent, no one can be put out of their estate and subjected to the political power of another without his consent b. Formation of State/Government: Agreement with other men to join and unite into a community for their comfortable, safe and peaceable living one amongst another in a secure enjoyment of their properties and a greater security against any that are not of it c. Limits on Government: 1. They have to govern by promulgated established laws, not to be varied in particular cases but to have one rule for both rich and poor. 2. These laws have to be designed for no other purpose ultimately but the good of the people. 3. They must not raise property taxes without the consent of the people. 4. Legislative neither must not can transfer the power of making laws to anyone else or place is anywhere but where the people have. 4. MILL a. Basic Principle(s) of Liberty: The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self protection. b. Formation of Representative Government: The rights and interests of every person is only secure from being disregarded when the person interested is himself able to stand up for them. The general prosperity attains a greater height and is more widely diffused in proportion to the amount of personal energies enlisted in promoting it. The only government that can satisfy this is one where the people participate and all of the people. That any participation even in the smallest is useful, nothing less can be desirable except the adm
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