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
From that to the declaration of rights by Virginia is apparently only a
step, and yet there is a world-wide difference between the two
documents. The declaration of Philadelphia is a protest, that of
Virginia a law. The appeal to England's law has disappeared. The state
of Virginia solemnly recognizes rights pertaining to the present and
future generations as the basis and foundation of government.[107]
In this and the following declarations of rights by the now sovereign
states of North America, by the side of the rights of liberty that had
been thus far asserted,--liberty of person, of property and of
conscience,--stand new ones, corresponding to the infringements most
recently suffered at England's hands of other lines of individual
liberty: the right of assembly, the freedom of the press and free
movement. But these rights of liberty were not the only ones therein
asserted, there were the right of petition, the demand for the
protection of law and the forms to be observed in insuring that, a
special demand for trial by an independent jury, and in the same way
with regard to other acts of the state; and the foundations of the
citizen's political rights were also declared. They thus contained
according to the intentions of their authors the distinctive features of
the entire public right of the individual. Besides these were included
the principle of the division of powers, of rotation of office, of
accountability of office-holders, of forbidding hereditary titles, and
there were further contained certain limitations on the legislature and
executive, such as forbidding the keeping of a standing army or creating
an established church,--all of which do not engender personal rights of
the individual at all, or do so only indirectly. The whole is based upon
the principle of the sovereignty of the people, and culminates in the
conception of the entire constitution being an agreement of all
concerned. In this particular one sees clearly the old Puritan-Independent
idea of the covenant in its lasting influence, of which new power was to
be significantly displayed later. When to-day in the separate states of
the Union changes in the constitution are enacted either by the people
themselves, or through a constitutional convention, there still lives in
this democratic institution the same idea that once animated the settlers
of Connecticut and Rhode Island.
Everywhere the bill of rights forms the first part of the constitution,
following which as second part comes the plan or frame of government.
The right of the creator of the state, the originally free and
unrestricted individual, was first established, and then the right of
that which the individuals created, namely, the community.
Public-domain text, read in full here on John Shaqi.
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