What is a nation's right to its own constitution?

Translation: quotations from Emer de Vattel are quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852), not his original words.

OCR: 11 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation has the sole right to judge and determine disputes relating to its constitution, and that no foreign power has a right to interfere in these matters. He also emphasized the need for caution in making changes to the constitution. "We may conclude from what has been said (§ 31), that if any disputes arise in a state respecting the fundamental laws... it belongs to the nation alone to judge and determine them conformably to its political constitution." [1]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that no nation has a right to interfere in the government of another state. This belief is grounded in his assertion that such interference violates the sovereignty and independence of nations. (key quote above) [2]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation has the right to change its constitution. He also believed that the legislature cannot do so, implying that the right to change a constitution lies with the nation itself, not with the legislature. "right of nation to change, 10. legislature cannot, ib." [3]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation is strictly obliged to procure, as far as possible, the best and most convenient constitution. [4]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation has the right to choose the best constitution, reform its government, and change its constitution. He also emphasized that no foreign power has a right to interfere in these matters. "nation should choose the best constitution, 9. ... may reform its government, ib, and change its constitution, ib, ... no foreign power has a right to interfere, ib." [5]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation has the right to oppose any change to its constitution that would suppress the existing legislative structure and grant absolute authority to the king. He argued that such a change would be unconstitutional and that the nation would have a right to resist it. "And who would dare to assert that they would not have a right to oppose it?" [6]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation should be particularly on guard against silent and gradual attacks on its laws and constitution, as these can lead to the loss of its original constitution. He argued that showing from history how states have changed their nature in this way would serve to awaken the attention of mankind and prevent harmful innovations. "It is very uncommon to see the laws and constitution of a state openly and boldly opposed : it is against silent and gradual attacks that a nation ought to be particularly on its guard." [7]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation may reform its government and alter its constitution, but should do so with great caution. He argued that the nation is the ultimate judge of disputes relating to its government and that no foreign power has a right to interfere in such matters. [8]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation has the right to choose the best constitution for itself. He argued that the nation ought to choose the best constitution, which implies a right to self-determination in constitutional matters. "28 The nation ought to choose the best constitution . . .9" [9]
• BELIEF (undated; OCR of an old printing; quoted in the anonymous 1760 English translation (revised 1797; Chitty edition, 1852)): Emer de Vattel believed that a nation has an indisputable right to form, maintain, and perfect its constitution, and to regulate at pleasure every thing relating to the government. He also believed that a nation may change its constitution if it is uneasy under it, and that such a change may be made by a majority of votes, provided it is not contrary to the act of civil association or to the intention of those united under it. [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [1], [2], [3], [4].

2. HOW IT APPLIES (reasoning; inference is marked)

1. Emer de Vattel believed that a nation has the right to choose the best constitution for itself. This is evident in his assertion that the nation ought to choose the best constitution. [9]

2. He also believed that a nation may reform its government and alter its constitution, but should do so with great caution. This is grounded in his argument that the nation is the ultimate judge of disputes relating to its government. [8]

3. Emer de Vattel emphasized that no foreign power has a right to interfere in a nation's constitutional matters. This belief is supported by his assertion that such interference violates the sovereignty and independence of nations. [2]

4. He argued that a nation has an indisputable right to form, maintain, and perfect its constitution, and to regulate at pleasure everything relating to the government. [10]

5. Emer de Vattel believed that a nation has the right to resist and curb a tyrant who exceeds the bounds of his authority and attacks the constitution of the state. This is grounded in the idea that the prince's authority is limited by fundamental laws, and when he violates them, the nation is not obliged to obey. [11] (inference)

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: Emer de Vattel believed that a nation has the right to its own constitution, including the right to choose, reform, and change it. He emphasized the importance of caution in making such changes and the need for the nation to be the sole judge of disputes relating to its constitution. He also believed that no foreign power has a right to interfere in these matters.

Competing readings: The record supports the reading that Emer de Vattel believed in the nation's right to self-determination in constitutional matters. The record also supports the reading that he emphasized caution and the need for the nation to be the sole judge of disputes relating to its constitution.

Confidence: High, as the record directly addresses the nation's right to its own constitution and the conditions under which such changes should be made.