The Power Of The Crown And The Authority Of The Government

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The power of the crown and the authority of the government is limited by the Declaration of Man and the Citizen. One situation where the government is limited is where “Men are born free and remain equal in rights.” (1789, Art, 1, DRMC.) The government must give all men equal rights. The rights of man include “liberty, property, security, and resistance to oppression.” (1789, Art, 2, DRMC.) Both the power of the crown and the authority of the government are limited by (1789, Art, 3, DRMC.) “no individual can exercise authority which does not emanate from it expressly.” If authority does not originate directly from the crown or a member of government, they may not exercise said authority. “The law has the right to prohibit only those actions harmful to society.” (1789, Art, 5, DRMC.) Neither the power of the crown nor government can prohibit an individual from doing something that is not harmful to society or force an individual to do “what it does not order” by obstructing or changing the law. “The right to concur personally or through their representative in its formation… must be the same for everyone.” Authority must give the same rights to everyone to “concur personally or through their representative.” (1789, Art, 6, DRMC.) In Article 8, the government or power of crown may only punish a person if “strictly and plainly necessary.” (1789, Art, 8, DRMC.) If unneccessary, a person may not be penalized by government or the power of the crown. Individuals
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