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
In this pamphlet definite limitations of the legislative power "which
have been established by God and by Nature" are already enumerated in
the form of the later bills of rights. As the center of the whole stood
the principal occasion of strife between the colonies and the
mother-country, the right of taxation. That the levying of taxes or
duties without the consent of the people or of representatives of the
colonies was not indeed contrary to the laws of the country, but
contrary to the eternal laws of liberty.[101] But these limitations were
none other than those enumerated by Locke, which "the law of God and of
Nature has set for every legislative power in every state and in every
form of government".
But these propositions of Locke's are here found in a very radical
transformation. They are changing namely from law to personal right.
While Locke, similar to Rousseau later, places the individuals in
subjection to the will of the majority of the community, upon which,
however, restrictions are placed by the objects of the state, now the
individual establishes the conditions under which he will enter the
community, and in the state holds fast to these conditions as rights. He
has accordingly rights in the state and claims upon the state which do
not spring from the state. In opposition to England's attempt to
restrict these rights, the idea formally to declare them and to defend
them grew all the stronger.
This formulation was influenced by a work that was published anonymously
at Oxford in 1754, in which for the first time "absolute rights" of the
English are mentioned.[102] It originated from no less a person than
Blackstone.[103] These rights of the individual were voiced in
Blackstone's words for the first time in a Memorial to the legislature,
which is given in an appendix to Otis's pamphlet.[104] On November 20,
1772, upon the motion of Samuel Adams a plan, which he had worked out,
of a declaration of rights of the colonists as men, Christians and
citizens was adopted by all the assembled citizens of Boston. It was
therein declared, with an appeal to Locke, that men enter into the state
by voluntary agreement, and they have the right beforehand in an
equitable compact to establish conditions and limitations for the state
and to see to it that these are carried out. Thereupon the colonists
demanded as men the right of liberty and of property, as Christians
freedom of religion, and as citizens the rights of Magna Charta and of
the Bill of Rights of 1689.[105]
Finally, on October 14, 1774, the Congress, representing twelve
colonies, assembled in Philadelphia adopted a declaration of rights,
according to which the inhabitants of the North American Colonies have
rights which belong to them by the unchangeable law of nature, by the
principles of the constitution of England and by their own
constitutions.[106]
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