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'Consent of the governed' is a political theory stating that a government's legitimacy and moral right to use state power are, or ought to be, derived from the people or society over which that power is exercised. This theory of 'consent' is historically contrasted to the divine right of kings and has often been invoked against the legitimacy of colonialism. A key question is whether the unanimous consent of the governed is required; if so, this would imply the right of secession for those who do not want to be governed by a particular collective.
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In the United States
Using thinking similar to that of English political scientist John Locke, the founders of the United States believed in a state built upon the consent of 'free and equal' citizens; a state otherwise conceived would lack the legitimacy and the authority to exercise legal authority. This was expressed, among other places, in the Virginia Bill of Rights, especially Section 6, quoted below:
'6. That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, the attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for publick uses without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the publick good.'[1]
References
- Etienne de La Boétie, Discourse of Voluntary Servitude
- David Hume, Of the Original Contract
- Philip Pettit, Republicanism: A Theory of Freedom and Government. Oxford: Clarendon Press, 1997 (in which he argues, against a theory of the consent of the governed, in favour of a theory of the lack of explicit rebellion; following a Popperian view on falsifiability, Pettit considers that as consent of the governed is always implicitly supposed, thus trapping the social contract in a vicious circle, it should be replaced by the lack of explicit rebellion.
- Jean-Jacques Rousseau, The Social Contract, or Principles of Political Right (1762)
References
External links
Article is licensed under GNU Free Documentation License.
It uses material from Wikipedia.org Original article is here.
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Consent of the governed - Wikipedia, the free encyclopediaConsent of the governed" is a political theory stating that a government 's legitimacy and moral right to use state power are, or ought to be, derived from the people or society ...
United States Declaration of Independence - Wikipedia, the free ... ... point of divergence rests in the addition of a single word to the document, causing it to state that governments "derive their just power from the unanimous consent of the governed.
Consent Of The GovernedPhones rang off the hook with angry constituents - one Senator said she'd received 95,000 phone calls and 87,000 were people who wanted her to vote "NO" but she was going to vote ...
The Declaration of Independence ... 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 ...
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POCLAD - Will of the People? Consent of the Governed? Rule of Law?Will of the People? Consent of the Governed? Rule of Law? Richard Grossman (November 2000)
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Not Found | Orion MagazineOrion is a bimonthly, advertising-free magazine devoted to creating a stronger bond between people and nature.
The University of Oklahoma College of Law: A Chronology of US ... ... 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 ...
Without the Consent of the GovernedWithout a Federal Marriage Amendment, the gay marriage movement is threatening to overturn one of our bedrock legal principles: that all laws stem from the consent of the governed.
