John Locke: Who Shall Be Judge?

Locke asks the following question: what happens when the executive branch and the legislative branch are joined together against the people?  What happens when the executive and legislative branch step outside the realm of their given power and/or go against the well-being of the people?  Locke’s proposed solution, to appeal to heaven, is a surprising one.  Why ask us to turn to religion for help?  Rarely does Locke broach the topic of religion in this chapter, or the Treatise as a whole for that matter.  So, why bring it up now?  It seems unnecessary given the fact that his reasoning is based on the following statement: “between an executive power in being, with such a prerogative, and a legislative that depends upon his will for their convening, there can be no judge on earth.” What about the judicial branch, whose purpose is to literally judge?  Relying on a judicial branch to play mediator and protector of the people’s rights seems a more logical solution to such a problem and one more befitting the overall idea of the Second Treatise of Government.  

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