THE CONCEPTION OF JOHN LOCKE ABOUT LEGAL GOVERNMENT IDEAS
In article is considered political doctrine of John Locke about lawful state. Second “Treatise About Government” put a ground to development of constitutional state. J. Locke is belonged an idea of division of power. Due to his point of view the power in the state should be divided in legislative and executive branches. He also defined a third branches - union or federative power, granted with authority to declare a war and make an agreement with foreign states. Due to the Lockean theory a right for life, property and liberty of conscious are first, unextractable right and they cannot be transferred to nobody and lawful state on the base of that rights must act and know their limits. Lawful state acting on the base of natural right of man, which is indicated on the law of political society than such state can be named “night gard”. Civil society is a base of origination of lawful state and must be under the control of the citizen of society. In lawful state as Locke supposed, is offered that citizens did not transfer all their rights to the hand of state therefore if in the state will be established tyranny then people has a right to destroy such state.