로크 사회계약론에서 근원적 계약과 입헌 권력

Abstract

The purpose of this paper is to elucidate the constitutional significances implied in the concept ‘Original Compact’ in Locke’s social contract theory. To this end, I concretely considered that the ‘Original Compact’ is an active political act that forms constitutional power from the perspective of two essential components of the modern constitution: the guarantee of the people’s fundamental rights and the fundamental organization and system of the state’s political powers. First, regarding the first aspect of the ‘Original Compact’ as the formation of constitutional power, I clarified that the fundamental purpose of a political society and that of making the ‘Original Compact’ are to preserve the property of members of a society through a review of that concept itself. And I noted that this point is concretely realized into regulations for guaranteeing the property rights of the people in the modern constitution. Second, as to the second aspect of the ‘Original Compact’ as the formation of constitutional power, I clarified that the organization of political powers that Locke normatively justified is a political system in which the legislative and executive powers are checked and balanced against each other based on the superiority of the legislative power, and I clarified that Locke’s theory of political powers explicitly involves some theoretical motives of the constitutional monarchy and implicitly those of the parliamentary cabinet system.