![]() The former retrace the foundations of the state in sin. He perceived the latter's philosophy on politics and the state to be predominant. On the one hand he was influenced by Augustine and on the other hand by Aristotle. Thomas Aquinas makes it possible to retrace the foundations of the state in nature rather than in sin. Trefwoorde: Wet Tirannie Weerstand Regering van die Wet Katolieke Politiek Keywords: Law Tyranny Resistance Rule of Law Catholic Politics If the prince or state acts without legal authority, it is acting lawlessly, which is against the notion of a constitutional democracy. It also means that the prince or branches of state must obey the law. Hereafter the rule of law requires the prince or state to act in accordance with the law. The purpose of the rule of law is to protect basic individual rights. The idea of the Constitution is also bolstered by the entrenchment of the rule of law. This notion is concomitant with the constitutional principles entrenched in the Constitution of South Africa, Act 108 of 1996. This principle is in accordance with the rule of law. The vis directiva limits the authority of the prince. With regard to the latter, the prince's power should be subject to the law. According to this principle property, liberty and life (basic individual rights) are subordinate to or even sacrificed for the supposed public good. ![]() ![]() It implies the principle of Salus reipublicae suprema lex, which means that the safety of the state is the supreme law. ![]() With regard to the former, the prince is above the law (legibus solutus). The function of the law culminates in two maxims: quantum ad vim coactivam legis and quantum ad vim directivam. When those who bear the law command things which exceed the competence of such authority, the subject is free to obey or disobey. Thomas Aquinas's notion on law, tyranny and resistance served as a limitation on governmental powers. Thomas Aquinas: on law, tyranny and resistance ![]()
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