In the legislative power as totality, the two other moments are, in the first place, operative: the monarchical moment, to which the supreme decision belongs; the governmental power, as the moment that deliberates in particular with the concrete knowledge and survey of the whole in its manifold sides and of the actual principles that have become fixed within it, as well as with knowledge of the needs of the power of the state; and, finally, the estates element.
It belongs among the false views of the state when one wishes to exclude the members of government from the legislative bodies, as, for instance, the constituent assembly did. In England the ministers must be members of parliament, and this is correct insofar as those who take part in government ought to stand in connection with, and not in opposition to, the legislative power. The notion of the so-called independence of the powers carries within it the fundamental error that the independent powers are nevertheless supposed to limit one another. But through this independence the unity of the state is abolished, which is above all what is to be demanded.
The monarchical power and the governmental power are … legislative power. But if the legislative power is the totality, then, rather, the monarchical power and the governmental power would have to be moments of the legislative power. The estates element that is added is only legislative power, or the legislative power in distinction from the monarchical and governmental power.
§ 300: Who Makes the Laws?
In the legislative power, all three sides of the state work together.
The monarch makes the final decision.
The government advises. It knows the whole, its principles and the needs of the state.
And finally the estates, the representatives of the citizens.
A wrong path:
We must not exclude the members of the government from legislation. The assembly of the French Revolution did that. In England, the ministers must be members of parliament. That is right. Government and legislation should work together and not stand against each other.
Summary: The monarch, the government and the estates work together in legislation. Government and legislation should not stand apart.
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