We will
consider the subject not only in general but with reference to
particular constitutions. All constitutions have three elements,
concerning which the good lawgiver has to regard what is expedient for
each constitution. When they are well-ordered, the constitution is
well-ordered, and as they differ from one another, constitutions
differ. There is (1) one element which deliberates about public
affairs; secondly (2) that concerned with the magistrates- the
question being, what they should be, over what they should exercise
authority, and what should be the mode of electing to them; and
thirdly (3) that which has judicial power.
The deliberative element has authority in matters of war and
peace, in making and unmaking alliances; it passes laws, inflicts
death, exile, confiscation, elects magistrates and audits their
accounts. These powers must be assigned either all to all the citizens
or an to some of them (for example, to one or more magistracies, or
different causes to different magistracies), or some of them to all,
and others of them only to some. That all things should be decided
by all is characteristic of democracy; this is the sort of equality
which the people desire. But there are various ways in which all may
share in the government; they may deliberate, not all in one body, but
by turns, as in the constitution of Telecles the Milesian.
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