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
frequently exhibit wide differences in content.
In Germany most of the constitutions of the period prior to 1848
contained a section upon the rights of subjects, and in the year 1848
the National Constitutional Convention at Frankfort adopted "the
fundamental rights of the German people", which were published on
December 27, 1848, as Federal law. In spite of a resolution of the
_Bund_ of August 23, 1851, declaring these rights null and void, they
are of lasting importance, because many of their specifications are
to-day incorporated almost word for word in the existing Federal law.[5]
These enumerations of rights appear in greater numbers in the European
constitutions of the period after 1848. Thus, first of all, in the
Prussian constitution of January 31, 1850, and in Austria's "Fundamental
Law of the State" of December 21, 1867, on the general rights of the
state's citizens. And more recently they have been incorporated in the
constitutions of the new states in the Balkan peninsula.
A noteworthy exception to this are the constitutions of the North German
Confederation of July 26, 1867, and of the German Empire of April 16,
1871, which lack entirely any paragraph on fundamental rights. The
constitution of the Empire, however, could the better dispense with such
a declaration as it was already contained in most of the constitutions
of the individual states, and, as above stated, a series of Federal laws
has enacted the most important principles of the Frankfort fundamental
rights. Besides, with the provisions of the Federal constitution as to
amendments, it was not necessary to make any special place for them in
that instrument, as the Reichstag, to whose especial care the
guardianship of the fundamental rights must be entrusted, has no
difficult forms to observe in amending the constitution.[6] As a matter
of fact the public rights of the individual are much greater in the
German Empire than in most of the states where the fundamental rights
are specifically set forth in the constitution. This may be seen, for
example, by a glance at the legislation and the judicial and
administrative practice in Austria.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account