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
[Footnote 58: _Cf._ the instructive work of Dicey, _Introduction to the
Study of the Law of the Constitution_, 3d ed., 1889, pp. 171 _et seq._]
[Footnote 59: "Sie sind objectives, nicht subjectives Recht." Dicey, pp.
184 _et seq._, 193 _et seq._, 223 _et seq._, etc. Dicey treats the whole
doctrine of the rights of liberty in the section "The Rule of Law."
Individual liberty according to him is in England simply the correlative
of only permitting the restriction of the individual through laws.]
[Footnote 60: This is treated in the chapter "Of the Extent of the
Legislative Power," _On Civil Government_, XI.]
[Footnote 61: _Cf._ _On Civil Government_, XI, Sec. 142.]
[Footnote 62: Political liberty is no other than national liberty so far
restrained by human laws (and no farther) as is necessary and expedient
for the general advantage of the public. _Loc. cit._, p. 125 (113).]
[Footnote 63: _Loc. cit._, pp. 141 _et seq._ (127 _et seq._).]
[Footnote 64: _Cf._ _loc. cit._, pp. 127 (114), 144 (130).]
[Footnote 65: L. 32 D. de R.J. Exactly so the kindred doctrines of the
Stoics earlier in Greece had not the least legal success.]
CHAPTER VII.
RELIGIOUS LIBERTY IN THE ANGLO-AMERICAN COLONIES THE SOURCE OF THE IDEA
OF ESTABLISHING BY LAW A UNIVERSAL RIGHT OF MAN.
The democratic idea, upon which the constitution of the Reformed Church
is based, was carried to its logical conclusion in England toward the
end of the sixteenth century, and first of all by Robert Browne and his
followers. They declared the Church, which was identical with the
parish, to be a community of believers who had placed themselves under
obedience to Christ by a compact with God, and they steadfastly
recognized as authoritative only the will of the community at the time
being, that is, the will of the majority.[66] Persecuted in England
Brownism transformed itself on Dutch soil, especially through the
agency of John Robinson, into Congregationalism, in which the earliest
form of the Independent movement made its appearance. The principles of
Congregationalism are first complete separation of Church and State and
then the autonomy of each separate parish,--as a petition addressed to
James I. in 1616 expresses it: the right is exercised "of spiritual
administration and government in itself and over itself by the common
and free consent of the people, independently and immediately under
Christ."[67]
This sovereign individualism in the religious sphere led to practical
consequences of extraordinary importance. From its principles there
finally resulted the demand for, and the recognition of, full and
unrestricted liberty of conscience, and then the asserting of this
liberty to be a right not granted by any earthly power and therefore by
no earthly power to be restrained.
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