ABSTRACT

In the first instance, very few countries in the world are in the fortunate position of possessing a strong constitutional tradition. Indeed, outside the English-speaking world probably only the smaller countries of Northern Europe and Switzerland have such traditions. Most of other countries have never preserved a constitution long enough to make it become a deeply entrenched tradition. The basic clause of such a constitution would have to state that in normal times, and apart from certain clearly defined emergency situations, men could be restrained from doing what they wished, or coerced to do particular things, only in accordance with recognized rules of just conduct designed to define and protect the individual domain of each. The purpose of a constitution, however, is precisely to prevent even the legislature from all arbitrary restraints and coercion. And, as has been forcefully pointed out by a distinguished Swiss jurist, the new possibilities which technological developments create may in the future make other liberties.