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Single Idea 19861

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

Full Idea

Any society in which the guarantee of Rights is not assured, nor the separation of Power determined, has no Constitution.

Gist of Idea

There is only a constitution if rights are assured, and separation of powers defined

Source

Mirabeau and committee (Declaration of the Rights of Man [1789], 16)

Book Ref

'Les Philosophes', ed/tr. Torrey,Norman L. [Perigee 1980], p.286


A Reaction

I wonder if they had Britain in mind with this one? The British latched onto Magna Carta in the early 19th century, because it offered some semblance of a constitution.


The 8 ideas from Mirabeau and committee

The purpose of society is to protect the rights of liberty, property, security and resistance [Mirabeau/committee]
All citizens are eligible for roles in the state, purely on the basis of merit [Mirabeau/committee]
The law expresses the general will, and all citizens can participate [Mirabeau/committee]
No one should be molested for their opinions, if they do not disturb the established order [Mirabeau/committee]
Free speech is very precious, and everyone may speak and write freely (but take responsibility for it) [Mirabeau/committee]
Everyone must contribute to the state's power and administration, in just proportion [Mirabeau/committee]
There is only a constitution if rights are assured, and separation of powers defined [Mirabeau/committee]
Property is a sacred right, breached only when essential, and with fair compensation [Mirabeau/committee]