The phenomenon of human and civil rights, which in France and earlier in the Americas laid the line between the old history of the subjects and the new languor of the citizens, did not consist of only commonplaces, for which the English and French critics reproached it. On the contrary, from the members of the founding assembly (Mounier, Lally Tolandall, Malouet, etc.) it is clear that they consciously tried to avoid metaphysical hobbies. On the other hand, it is easy to see how it concentrated the results obtained by the previous development and growth of the elements of political individualism were transcribed;
(Compared to the American declarations, the work of the constituents remains backward on the issue of freedom of conscience and worship. This is explained by the difference in traditions among the English sectarians who were from the dominant church and among the members of the constituents; as is known, two members of its presilium included,
clergy 5) who belonged to the Catholic Church).
But the continuity of the Declaration of 1879 in the development of political individualism is even more striking if we take into account that it posits a guarantee of individual rights in the division of powers, written constitutionally 6), - such an untidy “sheet of paper” 7), which should
1) Ag. XSH-— XY; XX D. 1193; HU!-—D. constitution of 1795.
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T6topie Vet ash. Rag. Oshpop. Development 1816. u. P r. 271 eating. 3) Tache. (Tez omeytev 4e 1a Epapde sopeeshrogashe T, G. r. 277) called shields gives to the constituent - “ppe asayeshie a’or! zez.” ) AteShuez razetesh1tez; rgepuege zeme T. Sh. (Voetie Mayopae). 5) Namely, the secretaries: 'Vuyoatse 4e Mapsu, Eauae] her Gabre a'Vutat. 6) Atyo. HUT. Although the American declarations are distinguished by a more religious spirit than the French ones. See declaration. New Hampshire 6 5. 7) The well-known expression of the German monarch.
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— 369 to be invested between the sovereign and the people, that is, what has already been done by the leaders and declarators of the Anglo-Americans; if we take into account that it returns to the theory of revolt developed by the Tyranomachus, and even earlier expressed by the English Maspa Sval4a Pena)
The right to rebel or resist oppression (and teyazbapse a Gorrgezayuol) 2) is the natural right of the individual, to the implementation of which he can resort if the constitution does not fulfill its task: preserving human rights.
This goal should serve as a constant criterion for the acting, legislative and executive powers 3); agents of the latter are always responsible to society in their actions.
This correspondence between the proclaimed rights and the constitution, noted in the speeches of deputies at the national assembly, constitutes an enormous merit of the revolutionary doctrine over political individualism. Having proclaimed the rights of the individual, the constitution must affirm and guarantee them.
This meant recognizing the individual as a responsibility, and the state as a means for realizing individual rights. In the consciousness of humanity, a political-individualistic norm has crystallized, destroying forever the meaning of statism, feudalism, and theocratism. That opposition of society to government, which we noted in Peng, is also present in the declaration of 1789, judging by the meaning of two paragraphs XY and XUT, accepted in the declaration of 1789.
2) Agh. P; It is “La sopzvacse des apes” ez ato! ae 'Potash' Declaration of 1793 Att. 33. In the Declaration of 1793, this right of rebellion is individualized. Atb. P.: "Toshchase ehegsyo sopie av Voshte, No. 015 ez saz her zapz 1ez otshez Chche 1a 101 debegiishte, ez6 agЪ1 taige ev buap!ape; Cheuo!tv> - the right of the entire people.
3) Rgeashfshe. O. 1789.
a form of not only opposition of society to government, but of society to one or another government system.
The XUG paragraph states that only that society has a constitution in which there is a guarantee of the rights listed in the medicine.
It is obvious that by “society” we mean a union of individuals who have natural rights, which the declaration demands from political association.
For us, again, it is important to note that on the basis of the natural legal doctrine, the concept of a new environment for the individual is outlined, in addition to the concept of the political environment, i.e., states, with which the political vision developed by the ancient philosophy of law was organically connected. This new understanding *) is in accordance with natural law. a normative understanding, which is based on the idea of the sacred and inalienable rights of the individual 3).