Consentement des gouvernés

In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is historically contrasted to the divine right of kings and had often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Perhaps the earliest utterance of consent of the governed appears in the writings of Scottish Catholic priest and Franciscan friar Duns Scotus, who proposed this in his work Ordinatio in the 1290s. Scotus's lengthy writing in theology have largely overshadowed this notable contribution that he made to early political theory. It is believed these writings influenced the Declaration of Arbroath in 1320 In his 1937 book A History of Political Theory, George Sabine collected the views of many political theorists on consent of the governed. He notes the idea mentioned in 1433 by Nicholas of Cusa in De Concordantia Catholica. In 1579 an influential Huguenot tract Vindiciae contra tyrannos was published which Sabine paraphrases: "The people lay down the conditions which the king is bound to fulfill. Hence they are bound to obedience only conditionally, namely, upon receiving the protection of just and lawful government...the power of the ruler is delegated by the people and continues only with their consent." In England, the Levellers also held to this principle of government. John Milton wrote The power of kings and magistrates is nothing else, but what is only derivative, transferred and committed to them in trust from the people, to the common good of them all, in whom the power yet remains fundamentally, and cannot be taken from them, without a violation of their natural birthright.