Benue State University, Makurdi

A Critique of Locke's Prerogative of Constitutional Democracy

Victor Ogheochuko Jeko, PhD and Osemwegie T. Wesley, PhD

Abstract

The fundamental problem associated with Locke's constitutional theory is that his political theory envisaged the complexities of our contemporary times. For Locke, the people are the source of political power. Moral evaluation is grounded in political power. Political power reflects the manifestation of the state with its laws and government. The chief reason for Locke's constitutional democracy is epitomized in political judgments, such as “stability”, “state”, “law”, “government”, “power”, “authority”, “justice”, “right”, “freedom”, and “equality”. For Locke, the fundamental questions of political morality are questions about what men ought to do in relation to the right ordering and functioning of political power, society and government. Locke's prerogative of constitutional democracy is factual, empirical and pragmatic. His prerogative of constitutional democracy reflects the basic factual questions about human nature and the causal determinants of society and government. Locke’s prerogative of constitutional democracy reflects the need for consent, organic or corporate society. The need for consent reflects the source for political power. This paper adopts the analytical framework. This paper also needs an expository method in addition to the analytic framework in unraveling Locke's democratic theory. Locke's conceptualization of constitutional democracy represents the “cooperative existence of civil society”. Freedom is the kernel of Locke's political philosophy. Locke's rationalization of civil society is the preservation of private property. Locke's contention on constitutional democracy is borne out of the need to avoid violence and war in the state. Locke's emphasis on avoiding war is aimed at establishing a commonwealth based on consent. Locke's liberal conviction of constitutional democracy serves as a philosophical base for the moral conviction of private property and revolutionary tendencies. Locke's fundamental objective of functional government is grounded in limited government. Locke sees the state as the political arbitrator of the people. Locke's constitutional democracy and limited government is aimed at the principles of collectivity and social order. Locke's idea of limited system of government advocates the foundation of revolutionary program. This paper concludes that Locke's prerogative of constitutional democracy represents the collective identity of the people. It represents the collective interests and public happiness of the people.

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