The first branch, the judiciary, should not have as powerful a role as the other two areas do. Aquinas makes it abundantly clear that judges should not be the ones making the law. The role that the judiciary should play is to interpret the law and render judgments based on the law (60.6, p. 186). The laws themselves should come from the lawmakers. The reasons Aquinas provides are threefold. First, it is easier to find enough lawmakers to create the right laws as opposed to have many judges decide on each and every case (95.1, p. 53). Second, lawmakers have more time to consider and deliberate over laws, whereas judges have a much mo...
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...ion, namely an intention to promote good or avoid evil” (40.1, p. 165). This final guideline for waging war also serves as an implication that rulers should possess the ability of preemptive warfare. Preemption is allowable if the intention of that war is to promote a good like spreading Christianity or avoiding some evil such as terrorism.
Flavin Island should adopt these Aquinian ideals in order to achieve a utopic society. Following these ideals sets the foundation for and allows for the best possible society. The government should be a mixed regime of oligarchy, aristocracy, monarchy, and democracy. It should have a limited judicial branch with a powerful legislative and executive branch. And all public officials, regardless of branch, should use their public authority only for the benefit of the commonwealth and direct the people towards God and His divine law.
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