The Lockean Constitution: Separation of Powers and the Limits of Prerogative

  title={The Lockean Constitution: Separation of Powers and the Limits of Prerogative},
  author={David Jenkins},
  journal={Political Institutions: Constitutions eJournal},
  • David Jenkins
  • Published 2011
  • Sociology
  • Political Institutions: Constitutions eJournal
In the post-9/11 era, many legal scholars have advanced theories of constitutional law that make allowance for unreviewable discretionary decision making by the executive branch, particularly in the context of the “war on terror”. Drawing on Lockean constitutional theory for normative support, the author develops an alternative constitutional model that addresses the problem of discretionary executive power. Locke’s constitution divides political power between the executive and the legislature… Expand
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For a criticism of Blackstone's constitutional ideas, see Laski, supra note 68 at
    Of the three powers above-mentioned the judiciary is in some measure next to nothing. There remain therefore only two
    • See Gwyn
    See Blackstone, supra note 37 at 38-43, 47-52