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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 21 ideas with the same theme [formal statement of a society's structure and rights]:

21046 The aim of legislators, and of a good constitution, is to create good citizens [Aristotle]
22546 A city is a community of free people, and the constitution should aim at the common advantage [Aristotle]
2821 The six constitutions are monarchy/tyranny, aristocracy/oligarchy, and polity/democracy [Aristotle]
22558 Constitutions specify distribution of offices, the authorities, and the community's aim [Aristotle]
22566 The greed of the rich is more destructive than the greed of the people [Aristotle]
2835 Any constitution can be made to last for a day or two [Aristotle]
2973 We must decide the most desirable human life before designing a constitution [Aristotle]
22580 The best constitution enables everyone to live the best life [Aristotle]
5852 The four constitutions are democracy (freedom), oligarchy (wealth), aristocracy (custom), tyranny (security) [Aristotle]
1781 Stoics favour a mixture of democracy, monarchy and aristocracy [Stoic school, by Diog. Laertius]
6309 The principle foundations of all states are good laws and good armies [Machiavelli]
21091 It would be absurd if even a free constitution did not impose restraints, for the public good [Hume]
23261 A people, not government, creates a constitution, which is essential for legitimacy [Paine]
21077 Each nation should, from self-interest, join an international security constitution [Kant]
21078 A constitution must always be improved when necessary [Kant]
19861 There is only a constitution if rights are assured, and separation of powers defined [Mirabeau/committee]
22796 A constitution embodies a nation's rights and condition [Hegel]
22675 In American judges rule according to the Constitution, not the law [Tocqueville]
18294 The state coldly claims that it is the people, but that is a lie [Nietzsche]
21034 A just constitution harmonises the different freedoms [Sandel]
21037 A ratified constitution may not be a just constitution [Sandel]