The Declaration of the Rights of Man and of Citizens — John Shaqi
The Declaration of the Rights of Man and of CitizensJellinek, Georg
History
The Declaration of the Rights of Man and of Citizens
Jellinek, Georg
Constitutional history -- France; Constitutional history -- United States; Natural law
The American bills of rights do not attempt merely to set forth certain
principles for the state's organization, but they seek above all to draw
the boundary line between state and individual. According to them the
individual is not the possessor of rights through the state, but by his
own nature he has inalienable and indefeasible rights. The English laws
know nothing of this. They do not wish to recognize an eternal, natural
right, but one inherited from their fathers, "the old, undoubted rights
of the English people."
The English conception of the rights of the subject is very clear upon
this point. When one looks through the Bill of Rights carefully, one
finds but slight mention there of individual rights. That laws should
not be suspended, that there should be no dispensation from them, that
special courts should not be erected, that cruel punishments should not
be inflicted, that jurors ought to be duly impanelled and returned, that
taxes should not be levied without a law, nor a standing army kept
without consent of Parliament, that parliamentary elections should be
free, and Parliament be held frequently--all these are not rights of the
individual, but duties of the government. Of the thirteen articles of
the Bill of Rights only two contain stipulations that are expressed in
the form of rights of the subject,[52] while one refers to freedom of
speech in Parliament. When nevertheless all the stipulations of the Bill
of Rights are therein designated as rights and liberties of the English
people,[53] it is through the belief that restriction of the crown is
at the same time right of the people.
Public-domain text, read in full here on John Shaqi.
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