Parliamentary Democracy and Understanding Political Thoughts of Hobbes and Locke on Property and Law

Abstract This paper examines the historical evolution of parliamentary democracy in England. It traces its beginning from the conquest of the Normans and the signing of the Magna Carta (1215) by King John and through the Tudor and Stuart periods to the Glorious Revolution of 1688–89. These changes in England shifted power from the absolute rule of a monarch toward constitutional monarchy. This was done through emphasis on the protection of individual rights—especially property—against arbitrary state interference. Growth of the power of parliament and its role in consenting to taxation and legislation reinforced documents like the Bill of Rights. This document ensured that the monarch was subject to law, not above it. It transformed England’s society and polity, creating a system where common law safeguarded personal freedoms and belongings. At the center of this transformation are the diverging political philosophies of thinkers like Thomas Hobbes and John Locke. In his work Leviathan (1651), Hobbes depicted the 'state of nature' as chaotic and warlike. The situation demands an absolute sovereign to impose order through a social contract. This contract sacrifices certain liberties for greater security. In contrast, Locke's Two Treatises of Government (1689) portrays a more peaceful natural state where individuals had inherent rights to life, liberty, and property. Government, formed by people’s consent, existed primarily to preserve these rights. Any resistance is justified if the rights are violated. This thought aligns with the post-Glorious Revolution emphasis on limited, accountable rule. The study also explores mechanisms of state control over property—police power, eminent domain, taxation, and escheat—and warns against their potential for authoritarian abuse or "legal plunder." It advocates separation of powers, good laws that protect rather than violate rights, and the value of extralegal norms when they support individual protections. As a result, a good constitution emerges that balances authority and freedom. England's path from monarchical absolutism to parliamentary sovereignty, highlighted by Hobbes and Locke's ideas, offers enduring lessons on preventing tyranny while promoting stable, rights-respecting governance.