Switzerland; Switzerland -- Politics and government -- 1815-
There is also an entire absence from the Swiss Constitution of any
provisions touching those personal rights and ancient muniments of
liberty designated as the “Bill of Rights;” such as are contained in
the first ten amendments of the Constitution of the United States;
those fundamental principles that guarantee to the individual a sphere
of liberty upon which the government may not encroach; a branch of
constitutional law which it has been the peculiar province of American
political science to develop. This omission from the Swiss Constitution
may have been for the same reason that it occurred in the original
Constitution of the United States; that these rights were sufficiently
implied and understood in any system of free government. These cardinal
rights are claimed by the Swiss to be expressly provided for in the
Cantonal constitutions. Again, it is held that all these inherent and
indefeasible rights are amply secured by the article of the Federal
Constitution requiring the organic law of the Cantons to “insure the
exercise of political rights after republican forms.”
Hamilton met the objection to the Constitution of the United States
containing no “Bill of Rights,” in the “Federalist” (No. 84), by
saying, “Bills of rights are, in their origin, stipulations between
kings and their subjects, abridgments of prerogative in favor of
privilege, reservation of rights not surrendered to the prince. It is
evident, therefore, that, according to their primitive signification,
they have no application to constitutions professedly founded upon the
power of the people, and executed by their immediate representatives
and servants. Here in strictness the people surrender nothing; and as
they retain everything they have no need of particular reservations.”
But Jefferson expressed the prevalent opinion when he wrote, “The
executive in our governments is not the sole, it is scarcely the
principal, object of my jealousy. The tyranny of the legislatures is
the most formidable dread at present, and will be for many years.”
These restraints upon legislative power have proven most fortunate ones
in the United States; for the provision, “No person shall be deprived
of life, liberty, or property without due process of law,” together
with those provisions which forbid the taking of private property
for public use without just compensation, and the enactment of laws
impairing the obligation of contracts, lies at the foundation of all
constitutional protection of private rights in the citizen. Thus a
body of constitutional law has been formed which is not yet completely
crystallized, but is being daily shaped by the decisions of the courts.
In annexing the “Bill of Rights,” the founders of the government may
not have had a correct idea as to what would be the full effect of its
provisions, but the object they had in view was perfectly clear. They
believed that wherever power was placed, it was liable to be abused.
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