洛克政治合法性理论初探

A Preliminary Exploration of Locke's Theory of Political Legitimacy

洛克的政治合法性理论是西方政治合法性理论发展链条中极为重要的一环。政治合法性源于民众同意。政府的公共权力源于人民在订立社会契约时的委托式授权,公共权力政治合法性的根源在于民众自愿的结合和人们自由地选择他们的统治者和政府形式;政治合法性奠基于保护权利。人的生命、自由和财产权是人最基本的自然权利,不可让渡、不可剥夺、不可侵犯,保护个体权利尤其是保护财产权是公共权力赖以存在的基础。国家是人民自由契约的产物,统治者也是缔约方,其统治合法性的维持依赖于对人民生命、自由和财产权的有效保护;政治合法性依赖于分权制衡。理想的政体形式是国家权力的各部分相互制约的政治共同体,立法权高于行政权和对外权,但立法权本身也必须受到有效制约。

Locke＇s theory of political legitimacy is the extremely important part of the chain of the western theory of political legitimacy. Political legitimacy is derived from public consent. Government＇s public power comes from the commission authorized by people in the social contract. The source of political legitimacy of public power comes from the people＇s voluntary combination, and people are free to choose their rulers and the forms of government. Political legitimacy is founded on the protection of rights. Person＇s rights of life, liberty and property are the most basic natural rights. It is inalienable and inviolable. The protection of individual rights, especially the protection of property rights, is the foundation upon which public power is established. State is a product of people＇ s contract. The ruler is also one of the contracting parties. The maintenance of its legitimacy depends on the effective protection of people＇s rights of life, liberty and property. Political legitimacy hinges on the separation of powers. The ideal form of government is the political community in which different forms of state power mutually restraints each other. The legislative power is higher than the executive and external powers, but legislative power itself must be under effective control.