Eleanor Finch
Constitutionalism is a concept that emerged from the Enlightenment, emphasising individual freedom and limiting the power of monarchs. The foundation of constitutionalism is the idea of a social contract between the people and the state, with the government agreeing to protect the interests, lives, and property of its citizens, and the people agreeing to support their government. The philosophy of constitutionalism was heavily influenced by English intellectual John Locke, who expanded on the ideas of Thomas Hobbes. Locke's social contract theory states that if the state abuses its power, the people have the right to nullify the contract. This theory provided the philosophical justification for the American Revolution.
| Characteristics | Values |
|---|---|
| Political theorist | John Locke |
| Thomas Hobbes | |
| Thomas Jefferson | |
| King William III | |
| Winston Churchill | |
| A.V. Dicey | |
| Jeremy Waldron | |
| David Fellman | |
| H.L.A. Hart | |
| Bishop Hoadly | |
| Montesquieu |
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What You'll Learn
- John Locke: Developed the concept of social contract theory, which states that government is a contract between the people and the state
- Thomas Hobbes: English philosopher who created the idea of social contract theory, later expanded by Locke
- Thomas Jefferson: Drafted the Declaration of Independence, which was influenced by Locke's ideas on constitutionalism
- King William III: Came to power during the Glorious Revolution, which led to the English Bill of Rights, a foundational constitutional document
- A.V. Dicey: British constitutional scholar who distinguished between the conventions of the constitution and the law of the constitution
John Locke: Developed the concept of social contract theory, which states that government is a contract between the people and the state
The concept of constitutionalism is based on the idea of a social contract. According to this theory, government is a contract between the people and the state. The government agrees to protect the interests, lives, and property of its citizens, and the people agree to support and sustain their government. This theory was created by English politician and philosopher Thomas Hobbes and expanded by John Locke, an English intellectual, in his "Two Treatises on Government".
Locke's argument for the social contract states that there can be no subjection to power without consent. Citizens are obligated to accept the decisions of the majority, and these decisions are made on behalf of the majority by the legislature. However, the ultimate power of choosing the legislature rests with the people, and the powers of the legislature are not absolute due to the law of nature, which acts as a principle of protection against arbitrary authority.
Locke's view of the state of nature is different from Hobbes'. While Hobbes viewed the state of nature as a condition of complete license, Locke saw it as a state in which humans, though free, equal, and independent, are obliged under the law of nature to respect each other's rights to life, liberty, and property. Locke's argument states that individuals agree to form a commonwealth to leave the state of nature and institute an impartial power capable of arbitrating disputes and redressing injuries.
Locke's ideas provided the philosophical justification for the American Revolution. The colonists' perspective that Parliament had overstepped its bounds by implementing "taxation without representation" reflects Locke's sentiment that "Governments are instituted among Men, deriving their just powers from the consent of the governed". Locke's influence is also evident in the Declaration of Independence, which states the right of the people to "alter or abolish" a government that becomes destructive of its ends.
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Thomas Hobbes: English philosopher who created the idea of social contract theory, later expanded by Locke
The concept of constitutionalism is based on the idea of a social contract between the government and the people. This idea was first proposed by English philosopher Thomas Hobbes, who argued that the state arose from a voluntary agreement between individuals who recognised that only a central power could safeguard them from the insecurity of a "state of nature". Hobbes called this absolute authority the "Leviathan", and his theory was that individuals willingly submit to its rule to maintain peace and escape the chaos of an equal society where everyone acts in their self-interest.
Hobbes' theory was later expanded upon by John Locke, another English philosopher. Locke and Hobbes lived at the same time and shared similar educational backgrounds, but their political philosophies were quite different. Locke believed in a more open approach to state-building, arguing that a government's legitimacy comes from the consent of the people it governs. He expanded on Hobbes' social contract theory in his "Two Treatises on Government", published in 1690, which justified the Glorious Revolution of 1688 and the struggle of 1640-1660.
Locke's ideas provided the philosophical justification for the American Revolution, as the colonists believed that Parliament had overstepped its bounds by implementing "taxation without representation". This idea is summed up in the Declaration of Independence: "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government."
The theories of Hobbes and Locke were developed during a time of religious, political, and social upheaval in England, and they are considered archetypal enlightenment figures. They were influenced by the scientific and philosophical concerns of their time, and their ideas had an enormous impact on later Enlightenment philosophers, including the Founding Fathers of the American Revolution.
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Thomas Jefferson: Drafted the Declaration of Independence, which was influenced by Locke's ideas on constitutionalism
John Locke, an English intellectual and philosopher, is credited with developing the concept of constitutionalism. Locke's philosophy centred on natural rights, namely life, liberty, and property, which he argued were inherent and inalienable, requiring protection by governments.
Locke's ideas on natural rights, the social contract, and the role of government profoundly influenced the American Revolution and the drafting of the Declaration of Independence. Thomas Jefferson, the principal author of the Declaration of Independence, was influenced by Locke's ideas. Locke's belief in the right to revolution, derived from his concept of the social contract, held that when a government fails to protect natural rights, the people possess an inherent right to revolt. This idea deeply resonated with American Revolutionaries, including Jefferson, and provided a philosophical justification for their rebellion against the British Crown.
In the Declaration of Independence, Jefferson echoed Locke's sentiments, stating that governments derive their just powers from the consent of the governed. This Lockean principle, known as the social contract, asserts that individuals collectively consent to form a government to protect their inherent natural rights. The social contract theory, as expanded by Locke, proposes that government is a contract between the people and the state, and if the state abuses its power, the people have the right to revoke the contract.
Jefferson's inclusion of Lockean principles in the Declaration of Independence demonstrates the influence of Locke's ideas on constitutionalism. The Declaration of Independence, influenced by Locke's philosophy, helped shape the American Constitution's commitment to protecting individual liberties and preventing governmental infringement on natural rights. Locke's concept of natural rights, emphasizing freedom and equality for all, guided the framers of the Constitution in their design of a government dedicated to preserving the rights and freedoms of its citizens.
In summary, Thomas Jefferson, the drafter of the Declaration of Independence, was influenced by John Locke's ideas on constitutionalism, natural rights, and the social contract. Locke's philosophy provided a framework for justifying rebellion against oppressive governments and shaped the American Revolution and the subsequent formation of the American Constitution.
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King William III: Came to power during the Glorious Revolution, which led to the English Bill of Rights, a foundational constitutional document
The concept of constitutionalism is rooted in the idea of a social contract between the people and the state. The English philosopher and politician Thomas Hobbes first introduced this idea, which was later expanded upon by John Locke in his "Two Treatises on Government". Locke's philosophy played a significant role in the American Revolution, influencing the colonists' perspective on the overreaching power of Parliament.
King William III, previously known as William of Orange, ascended to the English throne during the Glorious Revolution of 1688-1689. This revolution was sparked by the pro-Catholic policies of King James II, which caused discontent among the non-Catholic population. Whig and Tory politicians invited William, a Protestant, to bring an army to England and overthrow James.
On November 5, 1688, William landed in England with over 20,000 soldiers, forcing James to flee to France. William and his wife, Mary, James's daughter, were then crowned joint rulers. This marked a significant shift from absolute monarchy to constitutional monarchy, as William and Mary agreed to govern according to the laws of Parliament rather than the monarchy's will.
The English Bill of Rights, promulgated in 1689, was a foundational constitutional document that outlined the rights of English citizens and limited the power of the monarch. It prohibited Catholics or those married to Catholics from ascending the throne, abolished the crown's power to suspend laws, and declared a standing army illegal during peacetime. The Bill established Parliament as the ruling power, requiring the monarchy to rule with its consent. This document was a precursor to the American Bill of Rights and inspired the creation of a constitutional monarchy in England.
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A.V. Dicey: British constitutional scholar who distinguished between the conventions of the constitution and the law of the constitution
The concept of constitutionalism is rooted in the idea of a social contract between the government and the people. The government agrees to protect the interests, lives, and property of its citizens, and the people agree to support and sustain the government. This idea was first proposed by English philosopher Thomas Hobbes and later expanded by John Locke, whose ideas provided the philosophical justification for the American Revolution.
One of the most prominent figures in the history of constitutionalism is Albert Venn Dicey, a British Whig jurist, and constitutional theorist. Born on February 4, 1835, Dicey became a leading constitutional scholar of his day. He is best known for his work, "Introduction to the Study of the Law of the Constitution" (1885), in which he outlined the principles of parliamentary sovereignty. Dicey argued that the British Parliament was "an absolutely sovereign legislature" with the "right to make or unmake any law".
Dicey's concept of "the rule of law" explained the legal basis of liberty in common law countries, and he distinguished between two types of sovereignty: legal and political. Legal sovereignty, according to Dicey, resides in Parliament, while political sovereignty resides in the people. He defined constitutional law as including "all rules which directly or indirectly affect the distribution or the exercise of sovereign power in the state".
Dicey also introduced the idea of "conventions of the constitution," which are rules that are not strictly laws but are customary and usual practices. These conventions are not enforced by the courts but are nonetheless important in the functioning of the constitution. Dicey's analysis of legislative power and constitutional conventions remains influential even today, with his doctrines still being regarded as essential and fundamental in Anglo-American constitutional law.
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Frequently asked questions
The foundation of constitutionalism is often attributed to English philosopher and politician Thomas Hobbes, who created the idea of a social contract between the government and its citizens. This idea was later expanded upon by John Locke, an English intellectual who helped develop the concept of social contract theory.
Constitutionalism is based on the principle that the authority of the government is derived from and limited by a body of fundamental law. This means that the government's power is constrained by a constitution or other legal documents that protect the rights and liberties of citizens.
Constitutionalism has had a significant impact on historical events, such as the American Revolution. The colonists' anger towards Parliament for implementing "taxation without representation" was rooted in the ideas of constitutionalism and the belief that government power should be limited and derived from the consent of the governed. The philosophy of constitutionalism, as articulated by Locke, provided the intellectual justification for the American Revolution and the drafting of the Declaration of Independence.
