GOVT2112 Lecture 6: WK 6 Montesquieu
23 Dec 2018
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It is true that in democracies the people seem to act as they please; but political liberty does not consist in an unlimited freedom. In governments, that is, in societies directed by laws, liberty can consist only in the power of doing what we ought to will, and in not being constrained to do what we ought not to will. The political liberty of the subject is a tranquillity of mind arising from the opinion each person has of his safety . In order to have this liberty, it is requisite the government be so constituted as one man need not be afraid of another. Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator.
