Abstract
According to the prevailing opinion, the classical formulation of the
principle of the sovereignty of the people is found in Rousseau. Against
that view, this article argues that Marsilius of Padua and Locke should
be regarded as earlier pioneers and important forerunners of this principle.
To demonstrate this thesis, the paper examines Marsilius’s conception
of the “human legislator” and Locke’s ideas on legislation, representation,
and on the limitation of the legislative power. Though
Locke excludes the majority of the people from the right to be represented
in the legislative power, his concept of this “supreme power” is
progressive compared to the conceptions of “sovereignty” found in
Bodin and Hobbes. Even for Rousseau, women are still excluded from
the sovereignty of the people. This is a strong argument to include
Locke and Marsilius in the history of the idea of the sovereignty of the
people.