Assorted Constitution Essay, Research Paper

& # 8220 ; Mixed Constitution: An Ideal Form of Government? & # 8221 ;

Aristotle taught, that a community of any kind can possess order merely if it has a opinion component or authorization. He taught that this opinion rule is defined by the fundamental law, which sets standards for political offices.

Since we see that every city state is a kind of community and that every community is established for the interest of some good ( for everyone does everything for the interest of what they believe to be good ) , it is clear that every community aims at some good, and the community which has the most authorization of all an includes all the others aims highest, that is, at the good with the most authorization. This is what is called the city state or political community. Aristotle [ I. 1. 1252a1-7 ]

One of the ends of the & # 8220 ; establishing male parents & # 8221 ; was to set up a authorities that would be absent of dictatorship to make this they formed a authorities that had some of the elements and qualities of three different signifiers of authorities a monarchy, an nobility, and a democracy. They desired a authorities that would run into the demands of the one, the few, and the many. To make this they formed a assorted fundamental law.

& # 8220 ; the politician and lawmaker is entirely occupied with the city state, and the fundamental law is a certain manner or forming those that inhabit the city state & # 8221 ; Aristotle

A fright of dictatorship was the motivation force that drove the establishing male parents towards organizing a assorted fundamental law. A new authorities was formed that would stand for the demands of the one, the few, and the many. With the power to regulate being divided among all three groups.

& # 8220 ; The accretion of all powers legislative, executive and bench in the same custodies, whether of one, a few or many, and whether familial, self appointed, or elected, may rightly be pronounced the really definition of tyranny. & # 8221 ;

James Madison The Federalist No. 47

& # 8220 ; fundamental laws which aim at the common advantage are right and merely without making, whereas those which aim merely at the advantage of the swayers are aberrant and unfair, because they involve despotic regulation ( master-slave ) which is inappropriate for a community of free individuals & # 8221 ; Aristotle [ III. 6. 1279a17-1

9 ]

The differentiation between correct and aberrant fundamental laws is combined with the observation that the authorities may dwell of one individual, a few, or a battalion. ( Stanford Encyclopedia of Philosophy ) There are six possible constitutional signifiers:

OneOne

This sextuple categorization was adapted from Plato & # 8217 ; s Statesman, and set the phase for Aristotle & # 8217 ; s inquiry into the best fundamental law, although Aristotle modified it in assorted ways throughout the Politicss. ( Stanford Encyclopedia of Philosophy ) For illustration, he observes that the dominant category in oligarchy is the wealthy, whereas in democracy it is the hapless. Besides, civil order is subsequently characterized as a sort of & # 8220 ; assorted & # 8221 ; fundamental law.

Aristotle defines the best fundamental law as & # 8220 ; most harmonizing to our supplications with no external hindrance & # 8221 ; ; in his definition of the best fundamental law the citizens are to the full virtuous. He states that the & # 8220 ; best & # 8221 ; fundamental law is impossible for most people. He taught that the best come-at-able fundamental law is a civil order or a assorted fundamental law.

Our current fundamental law is a civil order or assorted fundamental law with a separation of powers. In supporting the current fundamental law James Madison claimed that it did non let for an accretion of powers. He so said that if it did let for this accretion of power that, & # 8220 ; no farther statements would be necessary to animate a cosmopolitan reprobation of the system & # 8221 ; . The Federalist No. 47

Our system of separate powers consists of three braches of authorities with constitutional cheques and balances in topographic point to forestall tyranny by any subdivision. The power of each subdivision can be check by the other two.

& # 8220 ; there can be no autonomy where the legislative and executive powers are united in the same individual, or organic structure of magistrates, & # 8221 ; or & # 8220 ; if the power of judging be non separated from the legislative and executive powers, & # 8221 ;

Federalist No. 47: Charles louis de secondat

The construction of our authorities resembles three different signifiers of authorities in that the Presidency represents a authorities by the one, the Senate a authorities by the few, and the House of Representatives a authorities by the many. These three signifiers of authorities can besides be found in popular elections, the Electoral College, and the judiciary subdivision.