'ADALAH
Vol 3, No 6 (2019): Philosophy of State

Philosophy of State: The Social Contract and the Separation of Powers according to John Locke

Nur Rohim Yunus (Scopus ID: 57216167775, Web of Science ResearcherID: AAI-6738-2020. Department of Constitutional Law Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia)



Article Info

Publish Date
05 Mar 2023

Abstract

The social contract is a reasoned agreement regarding the authority of governmental authorities and the extent of social freedom. To further improve justice and achieve high morals, a social contract based on the free will of all was established. Yet, according to John Locke, the social compact is a motivating factor in the shape of a desire to avoid interference, in which the individual surrenders no important natural rights to the society, but simply the right to implement natural law. Individuals' submitted rights are not granted to individuals or groups, but rather to the entire community. So, the nature of government is limited power, political authority is borrowed, and power is constrained by the government's own objectives, notably the protection of fundamental human rights. Moreover, John Locke encouraged the separation of powers in a nation, so that it does not rely on a single power.

Copyrights © 2019






Journal Info

Abbrev

adalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past ...