Single Idea 23261

[catalogued under 24. Political Theory / B. Nature of a State / 3. Constitutions]

Full Idea

A constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right.

Gist of Idea

A people, not government, creates a constitution, which is essential for legitimacy

Source

Thomas Paine (Rights of Man [1792], Ch.7), quoted by A.C. Grayling - The Good State 5

Book Reference

Grayling,A.C.: 'The Good State' [Oneworld 2021], p.127


A Reaction

A constitution looks like the ultimate focus of a social contract (though Greeks had them long ago). It is hard to say why a government should consider itself to be sovereign if it hasn't got it in writing.