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
But the Independent movement could not confine itself to ecclesiastical
matters, it was forced by logical necessity to carry its fundamental
doctrines into the political sphere. As the Church, so it considered
the state and every political association as the result of a compact
between its original sovereign members.[68] This compact was made indeed
in pursuance of divine commandment, but it remained always the ultimate
legal basis of the community. It was concluded by virtue of the
individual's original right and had not only to insure security and
advance the general welfare, but above all to recognize and protect the
innate and inalienable rights of conscience. And it is the entire people
that specifically man for man concluded this compact, for by it alone
could every one be bound to respect the self-created authority and the
self-created law.
The first indications of these religious-political ideas can be traced
far back, for they were not created by the Reformation. But the
practice which developed on the basis of these ideas was something
unique. For the first time in history social compacts, by which states
are founded, were not merely demanded, they were actually concluded.
What had until then slumbered in the dust-covered manuscripts of the
scholar became a powerful, life-determining movement. The men of that
time believed that the state rested upon a contract, and they put their
belief into practice. More recent theory of public law with only an
imperfect knowledge of these events frequently employed them as examples
of the possibility of founding a state by contract, without suspecting
that these contracts were only the realization of an abstract theory.
On October 28, 1647, there was laid before the assembled Council of
Cromwell's army a draft, worked out by the Levellers, of a new
constitution for England,[69] which later, greatly enlarged and
modified,[70] was delivered to Parliament with the request that it be
laid before the entire English people for signature.[71] In this
remarkable document the power of Parliament was set forth as limited in
a manner similar to that later adopted by the Americans, and particulars
were enumerated which in future should not lie within the legislative
power of the people's representatives. The first thing named was matters
of religion, which were to be committed exclusively to the command of
conscience.[72] They were reckoned among the inherent rights, the
"native rights", which the people were firmly resolved to maintain with
their utmost strength against all attacks.[73]
Here for the first and last time in England was an inherent right of
religious liberty asserted in a proposed law. This right is recognized
to-day in England in legal practice, but not in any expressly formulated
principle.[74]
The religious conditions in England's North American colonies developed
differently.
Public-domain text, read in full here on John Shaqi.
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