Monday, June 30, 2008

Right of Revolution

YABhg Tun Dr. Mahathir,

Please don't forget to include the right of revolution or the right of rebellion as part and parcel of Malaysian Social Contract, which you are going to emanate.

Thank you!

Onlooker


Attached:

Right of revolution
From Wikipedia, the free encyclopedia (Redirected from Right of rebellion)

In political philosophy, the right to revolution (or "right of rebellion") is a right variously stated throughout history. Confucian philosopher Mencius' teachings have often been suppressed over the millennia for saying that anytime a ruler did not provide for the needs of the people, they had the right to overthrow him. It is likely that many individuals partaking in revolutionary activity in the course of history have independently believed their actions justified along these lines. In western European history the Monarchomachs articulated the right to revolt in the context of the French Wars of Religion, by Huguenots thinkers who legitimated tyrannicides. It was then taken up by John Locke in Two Treatises of Government as part of his social contract theory. Locke declared that under natural law, all people have the right to life, liberty, and estate; he wrote that under the social contract, the people could instigate a revolution against the government when it acted against the interests of citizens and replace the government with another government in the interests of the citizens. In some cases, Locke deemed revolution an obligation. The right of revolution thus essentially acted as a safeguard against tyranny. This is a concept similar to the right of rebellion exercised by Polish szlachta.

The right of rebellion in history

The right to revolution formed a philosophical defense of the Glorious Revolution, when British Parliament deposed James II of England in 1688 and replaced him with William III of Orange-Nassau. Later, the right to revolution would be cited in the Declaration of Independence of the United States, which echoed many of the ideas on the right to revolution:

We hold these Truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
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 in the Right of the People to alter or abolish it, and to institute a new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But 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, and to provide new Guards for their future Security.

It was then included in the 1789 Declaration of the Rights of Man and of the Citizen during the French Revolution.

Examples of Constitutions including the right of rebellion

Although many declarations of independence seek legitimacy by appealing to the right of revolution, far fewer constitutions mention this right or guarantee this right to citizens because of the destabilizing effect such a guarantee would likely produce.

New Hampshire's constitution guarantees its citizens the right to rebellion, in Article 10 of the constitution's Bill of Rights:

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 Kentucky Constitution also guarantees a right of revolution in Section 1 of the Bill of Rights.

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.


Article I, §2 of the Tennessee Constitution states: "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 Carolina's constitution of November 21, 1789 also contains in its Declaration of Rights, "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 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.

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