Law Quote by Philip Hamburger
““In general, the natural dividing line between legislative and nonlegislative power was between rules that bound subjects and those that did not. Legal obligation seemed by nature to require consent. It therefore was assumed that the enactment of legally binding rules could come only from a representative legislature and that the resulting rules could bind only subjects, not other peoples.3 As put by John Locke, the “legislative authority” is that by which laws “are in force over the subjects of th[e] commonwealth.” Blackstone elaborated, “Legislators and their laws are said to compel and oblige.””
About This Quote
Source Book: Legal Theory and the Constitution, 2012
Legislative power traditionally creates binding rules for subjects, not for others, based on consent and representation.
In simple terms: Law makes rules that bind people, not other groups.
Key Takeaway
Recognize limits of legislative authority.
Themes
law
authority
consent
Mood
analytical
critical
Type
academic
philosophical
When to use this quote
- parliamentary decisions
- international treaties
- corporate governance
Key Concepts
political theory
jurisprudence
Questions to Reflect On
- How do modern institutions challenge this view?
- Can non‑legislative bodies create binding rules?
A Different Perspective
Modern governance often blurs subject‑subject boundaries.
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