Right of revolution
Encyclopedia
Political philosophy
Political philosophy is the study of such topics as liberty, justice, property, rights, law, and the enforcement of a legal code by authority: what they are, why they are needed, what, if anything, makes a government legitimate, what rights and freedoms it should protect and why, what form it...
, the right of revolution (or right of rebellion) is the right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
or duty
Duty
Duty is a term that conveys a sense of moral commitment to someone or something. The moral commitment is the sort that results in action and it is not a matter of passive feeling or mere recognition...
, variously stated throughout history, of the people of a nation to overthrow
Revolution
A revolution is a fundamental change in power or organizational structures that takes place in a relatively short period of time.Aristotle described two types of political revolution:...
a government that acts against their common interests. Belief in this right extends back to ancient China, and it has been used throughout history to justify various rebellions, including the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
and the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
China
The right of revolution was perhaps first articulated as part of an official state philosophy by the Zhou DynastyZhou Dynasty
The Zhou Dynasty was a Chinese dynasty that followed the Shang Dynasty and preceded the Qin Dynasty. Although the Zhou Dynasty lasted longer than any other dynasty in Chinese history, the actual political and military control of China by the Ji family lasted only until 771 BC, a period known as...
(1122 – 256 BC) of China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
. To justify their overthrowing of the earlier Shang Dynasty
Shang Dynasty
The Shang Dynasty or Yin Dynasty was, according to traditional sources, the second Chinese dynasty, after the Xia. They ruled in the northeastern regions of the area known as "China proper" in the Yellow River valley...
, the Zhou kings promulgated the concept known as the Mandate of Heaven
Mandate of Heaven
The Mandate of Heaven is a traditional Chinese philosophical concept concerning the legitimacy of rulers. It is similar to the European concept of the divine right of kings, in that both sought to legitimaze rule from divine approval; however, unlike the divine right of kings, the Mandate of...
, that Heaven
Tian
Tian is one of the oldest Chinese terms for the cosmos and a key concept in Chinese mythology, philosophy, and religion. During the Shang Dynasty the Chinese called god Shangdi or Di , and during the Zhou Dynasty Tian "heaven; god" became synonymous with Shangdi...
would bless the authority of a just ruler, but would be displeased and withdraw its mandate from a despotic ruler. The Mandate of Heaven would then transfer to those who would rule best. Chinese historians interpreted a successful revolt as evidence that the Mandate of Heaven had passed on. Throughout Chinese history, rebels who opposed the ruling dynasty made the claim that the Mandate of Heaven had passed, giving them the right to revolt. Ruling dynasties were often uncomfortable with this, and the writings of the Confucian philosopher Mencius
Mencius
Mencius was a Chinese philosopher who was arguably the most famous Confucian after Confucius himself.-Life:Mencius, also known by his birth name Meng Ke or Ko, was born in the State of Zou, now forming the territory of the county-level city of Zoucheng , Shandong province, only thirty kilometres ...
(372 – 289 BC) were often suppressed for declaring that the people have the right to overthrow a ruler that did not provide for their needs.
Islamic tradition
According to scholar Bernard LewisBernard Lewis
Bernard Lewis, FBA is a British-American historian, scholar in Oriental studies, and political commentator. He is the Cleveland E. Dodge Professor Emeritus of Near Eastern Studies at Princeton University...
, the Qur'an and Sunnah
Qur'an and Sunnah
Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam. Muslims hold that Islam is derived from two sources: one being infallible and containing compressed information — the Qur'an — and another being a detailed explanation of the everyday application of the principles...
have several points to make on governance regarding the right of revolution in Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
.The Quran, for example, makes it clear that there is a duty of obedience:
"Obey God, obey the Prophet, obey those who hold authority over you."
And this is elaborated in a number of sayings attributed to Muhammad. But there are also sayings that put strict limits on the duty of obedience. Two dicta attributed to the Prophet and universally accepted as authentic are indicative. One says, "there is no obedience in sin"; in other words, if the ruler orders something contrary to the divine law, not only is there no duty of obedience but there is a duty of disobedience. The other pronouncement, "do not obey a creature against his creator," again clearly limits the authority of the ruler, whatever form of ruler that may be.
Medieval Europe
In Europe, the right of revolution may be traced back to the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
, an English charter issued in 1215, that required the King to renounce certain rights and accept that his will could be bound by the law. It included a "security clause" that gave the right to a committee of barons to overrule the will of the King through force if needed. The Magna Carta directly influenced the development of parliamentary democracy and many constitutional documents, such as the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
The Golden Bull of 1222
Golden Bull of 1222
The Golden Bull of 1222 was a golden bull, or edict, issued by King Andrew II of Hungary. The law established the rights of the Hungarian nobility, including the right to disobey the King when he acted contrary to law . The nobles and the church were freed from all taxes and could not be forced to...
was a golden bull
Golden Bull
A Golden Bull or chrysobull was a golden ornament representing a seal , attached to a decree issued by Byzantine Emperors and later by monarchs in Europe during the Middle Ages and Renaissance. The term was originally coined for the golden seal itself but came to be applied to the entire decree...
, or edict
Edict
An edict is an announcement of a law, often associated with monarchism. The Pope and various micronational leaders are currently the only persons who still issue edicts.-Notable edicts:...
, issued by King Andrew II of Hungary
Andrew II of Hungary
Andrew II the Jerosolimitan was King of Hungary and Croatia . He was the younger son of King Béla III of Hungary, who invested him with the government of the Principality of Halych...
. The law established the rights of Hungary's
Kingdom of Hungary
The Kingdom of Hungary comprised present-day Hungary, Slovakia and Croatia , Transylvania , Carpatho Ruthenia , Vojvodina , Burgenland , and other smaller territories surrounding present-day Hungary's borders...
noblemen, including the right to disobey the King when he acted contrary to law (jus resistendi). The Golden Bull is often compared to the Magna Carta; the Bull was the first constitutional document of the nation of Hungary, while the Magna Carta was the first constitutional charter of the nation of England.
Thomas Aquinas
Thomas Aquinas
Thomas Aquinas, O.P. , also Thomas of Aquin or Aquino, was an Italian Dominican priest of the Catholic Church, and an immensely influential philosopher and theologian in the tradition of scholasticism, known as Doctor Angelicus, Doctor Communis, or Doctor Universalis...
also wrote of the right to resist tyrannical rule in the Summa Theologica
Summa Theologica
The Summa Theologiæ is the best-known work of Thomas Aquinas , and although unfinished, "one of the classics of the history of philosophy and one of the most influential works of Western literature." It is intended as a manual for beginners in theology and a compendium of all of the main...
. John of Salisbury
John of Salisbury
John of Salisbury , who described himself as Johannes Parvus , was an English author, educationalist, diplomat and bishop of Chartres, and was born at Salisbury.-Early life and education:...
advocated direct revolutionary assassination of unethical tyrannical rulers in his Policraticus.
Early Modern Europe
In the Early Modern period, the Jesuits, especially Robert BellarmineRobert Bellarmine
Robert Bellarmine was an Italian Jesuit and a Cardinal of the Catholic Church. He was one of the most important figures in the Counter-Reformation...
and Juan de Mariana
Juan de Mariana
Juan de Mariana, also known as Father Mariana , was a Spanish Jesuit priest, Scholastic, historian, and member of the Monarchomachs....
, were widely known and often feared for advocating resistance to tyranny and often tyrannicide—one of the implications of the natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
focus of the School of Salamanca
School of Salamanca
The School of Salamanca is the renaissance of thought in diverse intellectual areas by Spanish and Portuguese theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria...
.
John Calvin
John Calvin
John Calvin was an influential French theologian and pastor during the Protestant Reformation. He was a principal figure in the development of the system of Christian theology later called Calvinism. Originally trained as a humanist lawyer, he broke from the Roman Catholic Church around 1530...
believed something similar. In a commentary on the Book of Daniel
Book of Daniel
The Book of Daniel is a book in the Hebrew Bible. The book tells of how Daniel, and his Judean companions, were inducted into Babylon during Jewish exile, and how their positions elevated in the court of Nebuchadnezzar. The court tales span events that occur during the reigns of Nebuchadnezzar,...
, he observed that contemporary monarchs pretend to reign “by the grace of God,” but the pretense was “a mere cheat” so that they could “reign without control.” He believed that “Earthly princes depose themselves while they rise up against God,” so “it behooves us to spit upon their heads than to obey them.” When ordinary citizens are confronted with tyranny, he wrote, ordinary citizens have to suffer it. But magistrates have the duty to “curb the tyranny of kings,” as had the Tribunes in ancient Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
, the Ephori in Sparta
Sparta
Sparta or Lacedaemon, was a prominent city-state in ancient Greece, situated on the banks of the River Eurotas in Laconia, in south-eastern Peloponnese. It emerged as a political entity around the 10th century BC, when the invading Dorians subjugated the local, non-Dorian population. From c...
, and the Demarchs in ancient Athens
Athens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...
. That Calvin could support a right of resistance in theory did not mean that he thought such resistance prudent in all circumstances. At least publicly, he disagreed with the Scottish Calvinist John Knox
John Knox
John Knox was a Scottish clergyman and a leader of the Protestant Reformation who brought reformation to the church in Scotland. He was educated at the University of St Andrews or possibly the University of Glasgow and was ordained to the Catholic priesthood in 1536...
’s call for revolution against the Catholic Queen Mary Tudor of England.
The Catholic Church shared Calvin's prudential concerns—together with a concern for saving the souls even of tyrants, a concern that was irrelevant in double-predestinarian Calvinism. Thus, the Pope condemned Guy Fawkes
Guy Fawkes
Guy Fawkes , also known as Guido Fawkes, the name he adopted while fighting for the Spanish in the Low Countries, belonged to a group of provincial English Catholics who planned the failed Gunpowder Plot of 1605.Fawkes was born and educated in York...
' Gunpowder Plot
Gunpowder Plot
The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was a failed assassination attempt against King James I of England and VI of Scotland by a group of provincial English Catholics led by Robert Catesby.The plan was to blow up the House of...
, and Regnans in Excelsis
Regnans in Excelsis
Regnans in Excelsis was a papal bull issued on 25 February 1570 by Pope Pius V declaring "Elizabeth, the pretended Queen of England and the servant of crime" to be a heretic and releasing all her subjects from any allegiance to her and excommunicating any that obeyed her orders.The bull, written in...
was widely considered to be a mistake. St. Thomas Aquinas
Thomas Aquinas
Thomas Aquinas, O.P. , also Thomas of Aquin or Aquino, was an Italian Dominican priest of the Catholic Church, and an immensely influential philosopher and theologian in the tradition of scholasticism, known as Doctor Angelicus, Doctor Communis, or Doctor Universalis...
had argued that fear of tyrannicide
Tyrannicide
Tyrannicide literally means the killing of a tyrant, or one who has committed the act. Typically, the term is taken to mean the killing or assassination of tyrants for the common good. The term "tyrannicide" does not apply to tyrants killed in battle or killed by an enemy in an armed conflict...
drove tyrants to worse conduct, and that tyrannicide and rebellion tended to end in the placement of an even worse tyrant on the throne—so that the safest course of action for the people was to endure tyranny for as long as it could be borne, rather than run the larger risks of armed revolution.
The presumption in favor of peace, in just war theory, came to be the more common belief and is the one officially held by the Catholic Church as of the 19th, 20th, and 21st centuries.
Use in history
Among the revolutionary movements claimed to seek justification as an exercise of the right of revolution include:- French War Of Religion: The right of revolution was expounded by the MonarchomachsMonarchomachsThe Monarchomachs were originally French Huguenot theorists who opposed absolute monarchy at the end of the 16th century, known in particular for having theoretically justified tyrannicide...
in the context of the French Wars of ReligionFrench Wars of ReligionThe French Wars of Religion is the name given to a period of civil infighting and military operations, primarily fought between French Catholics and Protestants . The conflict involved the factional disputes between the aristocratic houses of France, such as the House of Bourbon and House of Guise...
, and by HuguenotHuguenotThe Huguenots were members of the Protestant Reformed Church of France during the 16th and 17th centuries. Since the 17th century, people who formerly would have been called Huguenots have instead simply been called French Protestants, a title suggested by their German co-religionists, the...
s thinkers who legitimized tyrannicideTyrannicideTyrannicide literally means the killing of a tyrant, or one who has committed the act. Typically, the term is taken to mean the killing or assassination of tyrants for the common good. The term "tyrannicide" does not apply to tyrants killed in battle or killed by an enemy in an armed conflict...
s. - Glorious Revolution: The right of revolution formed the basis of the philosophical defense of the Glorious RevolutionGlorious RevolutionThe Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
, when ParliamentParliament of the United KingdomThe Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
deposed James II of EnglandJames II of EnglandJames II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
in 1688 and replaced him with William III of Orange-NassauWilliam III of EnglandWilliam III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
. - American Revolution: The right to revolution would play a large part in the writings of the American revolutionariesAmerican RevolutionThe American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
. The political tract Common SenseCommon Sense (pamphlet)Common Sense is a pamphlet written by Thomas Paine. It was first published anonymously on January 10, 1776, during the American Revolution. Common Sense, signed "Written by an Englishman", became an immediate success. In relation to the population of the Colonies at that time, it had the largest...
used the concept as an argument for rejection of the British Monarchy and separation from the Empire, as opposed to merely self-government within it. It was also cited in the Declaration of Independence of the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, when a group of representatives from the various states signed a declaration of independence citing charges against King George III. As the American Declaration of Independence in 1776 expressed it, natural law taught that the people were “endowed by their Creator with certain unalienable Rights” and could alter or abolish government “destructive” of those rights. - French Revolution: The right of revolution was also included in the 1789 Declaration of the Rights of Man and of the CitizenDeclaration of the Rights of Man and of the CitizenThe Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
during the French RevolutionFrench RevolutionThe French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
The Right of Revolution as an individual or collective right
Although some explanations of the right of revolution leave open the possibility of its exercise as an individual right, it was clearly understood to be collective right under English constitutional and political theory. As Pauline Maier has noted in her study From Resistance to Revolution, “[p]rivate individuals were forbidden to take force against their rulers either for malice or because of private injuries....” Instead, “not just a few individuals, but the ‘Body of the People’ had to feel concerned” before the right of revolution was justified and with most writers speaking of a “ ‘whole people who are the Publick,’ or the body of the people acting in their ‘public Authority,’ indicating a broad consensus involving all ranks of society.”The concept of the right of revolution was also taken up by John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
in Two Treatises of Government
Two Treatises of Government
The Two Treatises of Government is a work of political philosophy published anonymously in 1689 by John Locke...
as part of his social contract theory
Social contract
The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...
. Locke declared that under natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
, all people
People
People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:* as the plural of person or a group of people People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:*...
have the right to life
Life
Life is a characteristic that distinguishes objects that have signaling and self-sustaining processes from those that do not, either because such functions have ceased , or else because they lack such functions and are classified as inanimate...
, liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
, and estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
; under the social contract, the people could instigate a revolution
Revolution
A revolution is a fundamental change in power or organizational structures that takes place in a relatively short period of time.Aristotle described two types of political revolution:...
against the government when it acted against the interests of citizens
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
, to replace the government with one that served the interests of citizens. In some cases, Locke deemed revolution an obligation. The right of revolution thus essentially acted as a safeguard against tyranny
Tyrant
A tyrant was originally one who illegally seized and controlled a governmental power in a polis. Tyrants were a group of individuals who took over many Greek poleis during the uprising of the middle classes in the sixth and seventh centuries BC, ousting the aristocratic governments.Plato and...
.
Duty versus right
Some philosophers argue that it is not only the right of a people to overthrow an oppressive government but also their duty to do so. Howard Evans Kiefer opines, "It seems to me that the duty to rebel is much more understandable than that right to rebel, because the right to rebellion ruins the order of power, whereas the duty to rebel goes beyond and breaks it."Morton White writes of the American revolutionaries, "The notion that they had a duty to rebel is extremely important to stress, for it shows that they thought they were complying with the commands of natural law and of nature's God when they threw off absolute despotism." The U.S. Declaration of Independence states that "when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government" (emphasis added). Martin Luther King likewise held that it is the duty of the people to resist unjust laws.
Preconditions to the right of revolution
On the eve of the American Revolution, for example, Americans considered their plight to justify exercise of the right of revolution. Alexander Hamilton justified American resistance as an expression of “the law of nature” redressing violations of “the first principles of civil society” and invasions of “the rights of a whole people.” For Thomas Jefferson the Declaration was the last-ditch effort of an oppressed people—the position many Americans saw themselves in 1776. Jefferson’s litany of colonial grievances was an effort to establish that Americans met their burden to exercise the natural law right of revolution.
Certain scholars, such as Christian Fritz, have written that with the end of the Revolution, Americans did not renounce the right of revolution. In fact they codified it in their new constitutions. For instance, constitutions considered to be "conservative," such as those of post-revolutionary Massachusetts in 1780, preserved the people's right "to reform, alter, or totally change" government not only for their protection or safety but also whenever their "prosperity and happiness reduire[d] it." This expression was not unusual in the early American constitutions. Connecticut's 1818 constitution articulated the people's right "at all times" to alter government "in such a manner as they may think expedient."
Legal historian Christian Fritz in American Sovereigns: The People and America's Constitutional Tradition Before the Civil War, describes a duality in American views on preconditions to the right of revolution: "Some of the first state constitutions included 'alter or abolish' provisions that mirrored the traditional right of revolution" in that they required dire preconditions to its exercise. Maryland's 1776 constitution and New Hampshire's 1784 constitutions required the perversion of the ends of government and the endangering of public liberty and that all other means of redress were to no avail. But in contrast, other states dispensed with the onerous preconditions on the exercise of the right. In the 1776 Virginia constitution the right would arise simply if government was "inadequate" and Pennsylvania's 1776 constitution required only that the people considered a change to be "most conducive" to the public welfare.
Natural law or positive law
Descriptions of the Right of Revolution also differ in whether that right is considered to be a natural lawNatural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
(a law whose content is set by nature and that therefore has validity everywhere) or positive law
Positive law
Positive law is the term generally used to describe man-made laws which bestow specific privileges upon, or remove them from, an individual or group...
(law enacted or adopted by proper authority for governing of the state).
An example of the dual nature of the right of revolution as both a natural law and as positive law is found in the American revolutionary context. Although the American Declaration of Independence invoked the natural law right of revolution, natural law was not the sole justification for American independence. English constitutional doctrine also supported the colonists’ actions. By the 1760s, English law recognized what William Blackstone’s Commentaries on the Laws of England called “the law of redress against public oppression.” Like the natural law’s right of revolution, this constitutional law of redress justified the people resisting the sovereign. This law of redress arose from a contract between the people and the king to preserve the public welfare. This original contract was “a central dogma in English and British constitutional law” since “time immemorial.” The Declaration’s long list of grievances demonstrated that this bargain had been breached.
This well-accepted law of redress justified a people resisting unconstitutional acts of government. Liberty depended upon the people’s “ultimate” right to resist. Unconstitutional commands breaching the “voluntary compact between the rulers and the ruled” could be “ignored” and arbitrary commands opposed with force. This right implied a duty on the part of the people to resist unconstitutional acts. As Alexander Hamilton noted in 1775, government exercised powers to protect “the absolute rights” of the people and government forfeited those powers and the people could reclaim them if government breached this constitutional contract.
The law of redress had limits like the right of revolution under natural law. The law of redress, like the right of revolution, was not an individual right. It belonged to the community as a whole, as one of the parties to the original constitutional contract. It was not a means of first resort, or response to trivial or casual errors of government. Blackstone’s Commentaries suggested that using the law of redress would be “extraordinary,” for example if the king broke the original contract, violated “the fundamental laws,” or abandoned the kingdom. During the Stamp Act crisis of the 1760s the Massachusetts Provincial Congress considered resistance to the king justified if freedom came under attack from “the hand of oppression” and “the merciless feet of tyranny.” A decade later the “indictment” of George III in the Declaration of Independence sought to end his sovereign reign over the colonies because he violated the original constitutional contract.
As explained in legal historian Christian Fritz’s description of the role of the right of revolution in American Revolution, American independence was justified by conventional theories under Anglo-American constitutional thought at the time about the people’s collective right to cast off an arbitrary king. “Both natural law and English constitutional doctrine gave the colonists a right to revolt against the sovereign’s oppression.” But these understandings about the right of revolution on the eve of the American Revolution rested on a traditional model of government. That model posited the existence of a hypothetical bargain struck in the mists of antiquity between a king and a people. “In this bargain, the people were protected by the monarch in exchange for the people giving the king allegiance. This was a contractual relationship. American revolutionaries accused George III of breaching his implied duty of protection under that contract, thereby releasing the people in the colonies from their allegiance. The sovereign’s breach of the hypothetical contract gave rise to the subjects’ right of revolution”—grounded on both natural law and English constitutional doctrine.”
Examples of the right of revolution as positive law
Although many declarations of independenceDeclaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
seek legitimacy by appealing to the right of revolution, far fewer constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s mention this right or guarantee this right to citizens because of the destabilizing effect such a guarantee would likely produce. Among the examples of an articulation of a right of revolution as positive law include:
- The szlachtaSzlachtaThe szlachta was a legally privileged noble class with origins in the Kingdom of Poland. It gained considerable institutional privileges during the 1333-1370 reign of Casimir the Great. In 1413, following a series of tentative personal unions between the Grand Duchy of Lithuania and the Kingdom of...
, nobles of the Polish-Lithuanian CommonwealthPolish-Lithuanian CommonwealthThe Polish–Lithuanian Commonwealth was a dualistic state of Poland and Lithuania ruled by a common monarch. It was the largest and one of the most populous countries of 16th- and 17th‑century Europe with some and a multi-ethnic population of 11 million at its peak in the early 17th century...
, also maintained a right of rebellion, known as rokoszRokoszA rokosz originally was a gathering of all the Polish szlachta , not merely of deputies, for a sejm. The term was introduced to the Polish language from Hungary, where analogous gatherings took place at a field called Rákos....
. - New HampshireNew HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
's constitution guarantees its citizens the right to reform government, in Article 10 of the New Hampshire constitution's Bill of RightsBill of rightsA bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
:
- Whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
- The KentuckyKentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
constitution also guarantees a right to alter, reform or abolish their government in the Kentucky Bill of Rights:
- The Kentucky
- All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.
- Similar wording is used in PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
's constitution, under Article 1, Section 2 of the Declaration of Rights:
- Similar wording is used in Pennsylvania
- All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.
- Article I, §2 of the TennesseeTennesseeTennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
constitution states:
- Article I, §2 of the Tennessee
- That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.
- North CarolinaNorth CarolinaNorth Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
's constitution of November 21, 1789 also contains in its Declaration of Rights:
- North Carolina
- 3d. That Government ought to be instituted for the common benefit, protection and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.
- The Constitution of Texas also contains similar wording in Article 1, Sect 2:
- All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
- The post-World War II Grundgesetz, the Fundamental Law of the Federal Republic of Germany contains both entrenched, un-amendable clauses protecting human and natural rights, as well as a clause in its Article 20, recognizing the right of the people to resist tyranny, if all other measures have failed.
- The Greek Constitution, in Article 120, states that "[...] it is both the right and the duty of the people to resist by all possible means against anyone who attempts the violent abolition of the Constitution."
An end to the right of revolution in positive law
In modern times, it can be argued that as democratic governmentsDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
can be overthrown by popular vote
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
, the right of the people to remove the government has become embedded into the political system
Political system
A political system is a system of politics and government. It is usually compared to the legal system, economic system, cultural system, and other social systems...
. However, replacing representatives falls short of changing the actual form of government by altering or rewriting its constitution. The ease of peoples to democratically implement such fundamental changes varies widely across nations and is generally quite onerous, if not impossible, within existing legal and media frameworks.
In a study of the idea of rule by the people in the American Revolution and in early post-revolutionary America, legal historian Christian Fritz notes that the logic of a revolution that would erect a government by the people also served to "impl[y] the irrelevance of a right of revolution" in post-revolutionary America:
“The constitutional logic of recognizing the people, not a king, as the sovereign implied the irrelevance of a right of revolution in America. This did not develop instantly or uniformly after the establishment of American governments. Some of the first state constitutions included ‘alter or abolish’ provisions that mirrored the traditional right of revolution.... Other state constitutions adopted different versions of this right to ‘alter or abolish’ government that did not sound like the traditional right of revolution. In these provisions, the ability of the people to revise constitutions existed regardless of the traditional preconditions for the right of revolution.... Increasingly, as Americans included it in their constitutions, the right of revolution came to be seen as a constitutional principle permitting the people as the sovereign to control government and revise their constitutions without limit. In this way, the right broke loose from its traditional moorings of resistance to oppression. The alter or abolish provisions could now be interpreted consistent with the constitutional principle that in America, the sovereign was the people.”
The third paragraph of the preamble to the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
states that so that people are not compelled to rebellion against tyranny, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
should be protected by rule of law.