The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
He observes that the question of the right of the people to resistance,
in certain cases, has been established by the laws of England, which
look upon it as the “ultimate and lawful resource against the violences
of power.”[94] He further adds: “It was resistance that gave birth to
the Great Charter, that lasting foundation of English liberty; and the
excesses of a power established by force were also restrained by force.
It has been by this same resistance that at different times the people
have procured the confirmation of the same charter.” Lastly, this
resource of resistance, which for some time continued to be an act of
force opposed to other acts of force was, at the era of our glorious
Revolution, expressly recognised by the law itself.
Judge Blackstone, in his chapter on “the rights of persons,” after
examining the absolute rights which pertain to every Englishman, says,
“But in vain would these rights be declared, ascertained, and protected
by the dead letter of the law, if the Constitution had provided no other
method to secure their actual enjoyment. It has therefore established
certain other auxiliary rights of the subject, which serve principally
as outworks or barriers to protect and maintain inviolate the three
great and primary rights of personal security, personal liberty, and
private property....
“To vindicate these rights when actually violated or attacked, the
subjects of England are entitled, in the first place, to the regular
administration and free course of justice in the courts of law.
“Next, to the right of petitioning the King and Parliament for redress
of grievances.
“And lastly, to the right of having and using arms for self-preservation
and defence.
“And all these rights and liberties it is our birthright to enjoy
entire.”[95]
Now this solemn right of resistance, carrying with it, as it does, great
responsibilities, would be in itself but a vain shadow, did there not
exist in the nation the means of effecting a general union, of bringing
about great and widely-spread co-operation, and, to use a French word,
that _solidarité_ which are the requisite conditions of success in any
national enterprise for the redress of national wrongs. Private
individuals—and most particularly is it the case in the instance of
which we are treating in this Essay—are forced to bear in silence
injuries in which they do not see other people take a concern. They
tremble in their solitude and weakness at the formidable power of those
who oppress them, and as the latter well know the advantages of their
own position, they think they may venture upon anything. But when, with
the suffering of one—even the meanest member—the sympathy of all the
other members of the body politic comes to be expressed, and finds an
organized utterance, then the throes of this agony begin at last to be
felt as a simultaneous resistance to the power that inflicted it.
Public-domain text, read in full here on John Shaqi.
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