Benjamin Constant: On the Sovereignty of the People

In a society founded upon the sovereignty of the people, it is certain that it becomes no one individual, no one class, to subject the rest to one's particular will; but it is false that the whole society possesses over its members a sovereignty without limits.

The universality of citizens is the sovereign, in this sense that no individual, no fraction, no partial association can arrogate to themselves sovereignty if it has not been delegated to them. But it does not follow from this that the universality of citizens, or those vested by them with sovereignty, may dispose sovereignly of the existence of individuals. To the contrary, there is a part of human existence which, of necessity, stays individual and independent, and which is of right outside of all social purview. Sovereignty exists only in a limited and relative way. Where individual independence and existence begin, the jurisdiction of this sovereignty stops. If society steps over this line, it becomes as guilty as the despot who has no qualification other than his exterminating blade; society may not go beyond its purview without proving to be a usurper, the majority, without proving to be a faction. The consent of the majority by no means suffices in all cases to legitimate acts; there exist some things which cannot be sanctioned; when any sort of authority commits such acts, it matters little from which source it emanates and it matters little whether it is called an individual or nation; it could be the entire nation minus the citizen it oppresses, and it would not be more legitimate for it. . . .

The citizens possess individual rights independent of all social or political authority, and every authority which violates these rights becomes illegitimate. The rights of the citizens are individual liberty, religious liberty, liberty of opinion, in which is included its publicity, the enjoyment of property, guarantee against all that is arbitrary. No authority may infringe upon these rights without tearing up its own title.