Calvinist Reformation and Equal Rights – Some Contributions to the History of the Idea of Constitutionality

Abstract

On the occasion of the 500th anniversary of the Reformation, the author presents
some thought-provoking ideas from the field of denominational and state canonical
law focusing on the development of human rights and their roots in the theological
disciplines. He argues that the freedom of religion established by Protestantism
serves as a foundation for the freedom of thought, conscience, expression of opinion,
and for closely related laws on tolerance as well as the restriction of state power,
i.e. it underlies all that is now known and generally recognised as human rights.
The theological, ideological, and organizational changes within the church launched
by the Reformation from the 15th century on, have led and substantially contributed to
the recognition of these fundamental rights, as well as to the formation of constitutions
in the modern sense, and the creation of constitutionality in general. The classical
theorems of popular sovereignty, of a theory of state based on social contract and of
natural law were formulated by Protestant thinkers such as Althusius and Grotius
on firm Calvinist foundations and based on Calvin’s views regarding individual
freedom, civil government, and the (modern) state. Protestantism has played
a central role in propagating the ideas of freedom, progress, freedom of religion and
politics, as well as in spreading modern democratic principles by reviving original
Christian values. The spread of Protestantism has brought about significant social
changes and resulted in the liberation of thought, which in turn has paved the road
for the appearance of views (often contradictory to the principles of Protestantism)
requiring an approach to law from a different perspective and consequently to the
emergence of the principles of modern natural law. Demanding freedom of religion
also meant a demand for equality: the state should not differentiate between its
citizens according to their faith and neither should it make a distinction between
churches based on their relationship to the state.