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II.
RELATIONS BETWEEN INDIVIDUALS AND THE PUBLIC AUTHORITIES
46. Human society can be
neither well-ordered nor prosperous without the presence of those who, invested
with legal authority, preserve its institutions and do all that is necessary to
sponsor actively the interests of all its members. And they derive their
authority from God, for, as St. Paul teaches, "there is no power but from
God".28
In his commentary on this passage, St. John
Chrysostom writes: "What are you saying? Is every ruler appointed by God?
No, that is not what I mean, he says, for I am not now talking about individual
rulers, but about authority as such. My contention is that the existence of a
ruling authority-the fact that some should command and others obey, and that
all things not come about as the result of blind chance-this is a provision of
divine wisdom."29
God has created men social by nature, and a
society cannot "hold together unless someone is in command to give effective
direction and unity of purpose. Hence every civilized community must have a
ruling authority, and this authority, no less than society itself, has its
source in nature, and consequently has God for its author."30
47. But it must not be
imagined that authority knows no bounds. Since its starting point is the
permission to govern in accordance with right reason, there is no escaping the
conclusion that it derives its binding force from the moral order, which in
turn has God as its origin and end.
Hence, to quote Pope Pius XII, "The
absolute order of living beings, and the very purpose of man-an autonomous
being, the subject of duties and inviolable rights, and the origin and purpose
of human society-have a direct bearing upon the State as a necessary community
endowed with authority. Divest it of this authority, and it is nothing, it is
lifeless.... But right reason, and above all Christian faith, make it clear
that such an order can have no other origin but in God, a personal God, our
Creator. Hence it is from Him that State officials derive their dignity, for
they share to some extent in the authority of God Himself."31
An
Appeal to Conscience
48. Hence, a regime which
governs solely or mainly by means of threats and intimidation or promises of
reward, provides men with no effective incentive to work for the common good.
And even if it did, it would certainly be offensive to the dignity of free and
rational human beings. Authority is before all else a moral force. For this
reason the appeal of rulers should be to the individual conscience, to the duty
which every man has of voluntarily contributing to the common good. But since
all men are equal in natural dignity, no man has the capacity to force internal
compliance on another. Only God can do that, for He alone scrutinizes and
judges the secret counsels of the heart.
49. Hence, representatives
of the State have no power to bind men in conscience, unless their own
authority is tied to God's authority, and is a participation in it.32
50. The application of
this principle likewise safeguards the dignity of citizens. Their obedience to
civil authorities is never an obedience paid to them as men. It is in reality
an act of homage paid to God, the provident Creator of the universe, who has
decreed that men's dealings with one another be regulated in accordance with
that order which He Himself has established. And we men do not demean ourselves
in showing due reverence to God. On the contrary, we are lifted up and ennobled
in spirit, for to serve God is to reign.33
5l. Governmental
authority, therefore, is a postulate of the moral order and derives from God.
Consequently, laws and decrees passed in contravention of the moral order, and
hence of the divine will, can have no binding force in conscience, since
"it is right to obey God rather than men "34
Indeed, the passing of such laws undermines
the very nature of authority and results in shameful abuse. As St. Thomas
teaches, "In regard to the second proposition, we maintain that human law
has the rationale of law in so far as it is in accordance with right reason,
and as such it obviously derives from eternal law. A law which is at variance
with reason is to that extent unjust and has no longer the rationale of law. It
is rather an act of violence."35
52. The fact that
authority comes from God does not mean that men have no power to choose those
who are to rule the State, or to decide upon the type of government they want,
and determine the procedure and limitations of rulers in the exercise of their
authority. Hence the above teaching is consonant with any genuinely democratic
form of government.36
Attainment
of the Common Good is the Purpose of the Public Authority
53. Men, both as
individuals and as intermediate groups, are required to make their own specific
contributions to the general welfare. The main consequence of this is that they
must harmonize their own interests with the needs of others, and offer their
goods and services as their rulers shall direct-assuming, of course, that
justice is maintained and the authorities are acting within the limits of their
competence. Those who have authority in the State must exercise that authority
in a way which is not only morally irreproachable, but also best calculated to
ensure or promote the State's welfare.
54. The attainment of the
common good is the sole reason for the existence of civil authorities. In
working for the common good, therefore, the authorities must obviously respect
its nature, and at the same time adjust their legislation to meet the
requirements of the given situation .37
Essentials
of the Common Good
55. Among the essential
elements of the common good one must certainly include the various
characteristics distinctive of each individual people.38 But these by
no means constitute the whole of it. For the common good, since it is
intimately bound up with human nature, can never exist fully and completely
unless the human person is taken into account at all times. Thus, attention
must be paid to the basic nature of the common good and what it is that brings
it about.39
56. We must add,
therefore, that it is in the nature of the common good that every single
citizen has the right to share in it-although in different ways, depending on
his tasks, merits and circumstances. Hence every civil authority must strive to
promote the common good in the interest of all, without favoring any individual
citizen or category of citizen. As Pope Leo XIII insisted: "The civil
power must not be subservient to the advantage of any one individual, or of
some few persons; inasmuch as it was established for the common good of
all."40
Nevertheless, considerations of justice and
equity can at times demand that those in power pay more attention to the weaker
members of society, since these are at a disadvantage when it comes to
defending their own rights and asserting their legitimate interests.41
The
Spiritual, Too
57. In this connection, We
would draw the attention of Our own sons to the fact that the common good is
something which affects the needs of the whole man, body and soul. That, then,
is the sort of good which rulers of States must take suitable measure to
ensure. They must respect the hierarchy of values, and aim at achieving the
spiritual as well as the material prosperity of their subjects.42
58. These principles are
clearly contained in that passage in Our encyclical Mater et Magistra where We
emphasized that the common good "must take account of all those social
conditions which favor the full development of human personality.43
59. Consisting, as he
does, of body and immortal soul, man cannot in this mortal life satisfy his
needs or attain perfect happiness. Thus, the measures that are taken to
implement the common good must not jeopardize his eternal salvation; indeed,
they must even help him to obtain it.44
Responsibilities
of the Public Authority, and Rights and Duties of Individuals
60. It is generally
accepted today that the common good is best safeguarded when personal rights
and duties are guaranteed. The chief concern of civil authorities must
therefore be to ensure that these rights are recognized, respected,
co-ordinated, defended and promoted, and that each individual is enabled to
perform his duties more easily. For "to safeguard the inviolable rights of
the human person, and to facilitate the performance of his duties, is the
principal duty of every public authority."45
61. Thus any government which
refused to recognize human rights or acted in violation of them, would not only
fail in its duty; its decrees would be wholly lacking in binding
force.46
Reconciliation
and Protection of Rights and Duties of Individuals
62. One of the principal
duties of any government, moreover, is the suitable and adequate
superintendence and co-ordination of men's respective rights in society. This
must be done in such a way 1) that the exercise of their rights by certain
citizens does not obstruct other citizens in the exercise of theirs; 2) that
the individual, standing upon his own rights, does not impede others in the
performance of their duties; 3) that the rights of all be effectively
safeguarded, and completely restored if they have been violated.47
Duty
of Promoting the Rights of Individuals
63. In addition, heads of
States must make a positive contribution to the creation of an overall climate
in which the individual can both safeguard his own rights and fulfill his
duties, and can do so readily. For if there is one thing we have learned in the
school of experience, it is surely this: that, in the modern world especially,
political, economic and cultural inequities among citizens become more and more
widespread when public authorities fail to take appropriate action in these
spheres. And the consequence is that human rights and duties are thus rendered
totally ineffective.
64. The public
administration must therefore give considerable care and thought to the
question of social as well as economic progress, and to the development of
essential services in keeping with the expansion of the productive system. Such
services include road-building, transportation, communications, drinking-water,
housing, medical care, ample facilities for the practice of religion, and aids
to recreation. The government must also see to the provision of insurance
facilities, to obviate any likelihood of a citizen's being unable to maintain a
decent standard of living in the event of some misfortune, or greatly in
creased family responsibilities.
The government is also required to show no
less energy and efficiency in the matter of providing opportunities for
suitable employment, graded to the capacity of the workers. It must make sure
that working men are paid a just and equitable wage, and are allowed a sense of
responsibility in the industrial concerns for which they work. It must
facilitate the formation of intermediate groups, so that the social life of the
people may become more fruitful and less constrained. And finally, it must
ensure that everyone has the means and opportunity of sharing as far as
possible in cultural benefits.
Harmonious
Relations Between Public Authority's Two Forms of Intervention
65. The common welfare
further demands that in their efforts to co-ordinate and protect, and their
efforts to promote, the rights of citizens, the civil authorities preserve a
delicate balance. An excessive concern for the rights of any particular
individuals or groups might well result in the principal advantages of the
State being in effect monopolized by these citizens. Or again, the absurd
situation can arise where the civil authorities, while taking measures to
protect the rights of citizens, themselves stand in the way of the full
exercise of these rights. "For this principle must always be retained:
that however extensive and far-reaching the influence of the State on the
economy may be, it must never be exerted to the extent of depriving the
individual citizen of his freedom of action. It must rather augment his
freedom, while effectively guaranteeing the protection of everyone's essential,
personal rights."48
66. And the same principle
must be adopted by civil authorities in their various efforts to facilitate the
exercise of rights and performance of duties in every department of social
life.
Structure
and Operation of the Public Authority
67. For the rest, it is
not possible to give a general ruling on the most suitable form of government,
or the ways in which civil authorities can most effectively fulfill their
legislative, administrative, and judicial functions.
68. In determining what
form a particular government shall take, and the way in which it shall
function, a major consideration will be the prevailing circumstances and the
condition of the people; and these are things which vary in different places
and at different times.
We think, however, that it is in keeping
with human nature for the State to be given a form which embodies a threefold
division of public office properly corresponding to the three main functions of
public authority. In such a State a precise legal framework is provided, not
only for the official functions of government, but also for the mutual
relations between citizens and public officials. This will obviously afford
sure protection to citizens, both in the safeguarding of their rights and in
the fulfilment of their duties.
69. If, however, this
juridical and political structure is to realize its potential benefits, it is
absolutely essential that public officials do their utmost to solve the
problems that arise; and they must do so by using policies and techniques which
it is within their competence to implement, and which suit the actual condition
of the State. It is also essential that, despite constantly changing
conditions, legislators never disregard the moral law or constitutional
provision, nor act at variance with the exigencies of the common good. And as
justice must be the guiding principle in the administration of the State, and
executives must thoroughly understand the law and carefully weigh all attendant
circumstances, so too in the courts: justice must be administered impartially,
and judges must be wholly incorrupt and uninfluenced by the solicitations of
interested parties. The good order of society also requires that individuals
and subsidiary groups within the State be effectively protected by law in the affirmation
of their rights and the performance of their duties, both in their relations
with each other and with government officials.49
Law
and Conscience
70. There can be no doubt
that a State juridical system which conforms to the principles of justice and
rightness, and corresponds to the degree of civic maturity evinced by the State
in question, is highly conducive to the attainment of the common good.
71. And yet social life is
so complex, varied and active in this modern age, that even a juridical system
which has been established with great prudence and foresight often seems
inadequate to the need.
72. Moreover, the
relations of citizens with each other, of citizens and intermediate groups with
public authorities, and the relations between public authorities of the same
State, are sometimes seen to be of so ambiguous and explosive a nature, that
they are not susceptible of being regulated by any hard and fast system of laws.
In such cases, if the authorities want to
preserve the State's juridical system intact-in itself and in its application
to specific cases-and if they want to minister to the principal needs of
society, adapt the laws to the conditions of modern life and seek solutions to
new problems, then it is essential that they have a clear idea of the nature
and limits of their own legitimate spheres of action. Their calmness,
integrity, clear sightedness and perseverance must be such that they will
recognize at once what is needed in a given situation, and act with promptness
and efficiency.50
Citizens'
Participation in Public Life
73. A natural consequence
of men's dignity is unquestionably their right to take an active part in
government, though their degree of participation will necessarily depend on the
stage of development reached by the political community of which they are
members.
74. For the rest, this
right to take part in government opens out to men a new and extensive field of
opportunity for service. A situation is created in which civic authorities can,
from the greater frequency of their contacts and discussions with the citizens,
gain a clearer idea of what policies are in fact effectual for the common good;
and in a system which allows for a regular succession of public officials, the
authority of these officials, far from growing old and feeble, takes on a new
vitality in keeping with the progressive development of human
society.51
Characteristics
of the Present Day
75. There is every
indication at the present time that these aims and ideals are giving rise to
various demands concerning the juridical organization of States. The first is
this: that a clear and precisely worded charter of fundamental human rights be
formulated and incorporated into the State's general constitutions.
76. Secondly, each State
must have a public constitution, couched in juridical terms, laying down clear
rules relating to the designation of public officials, their reciprocal
relations, spheres of competence and prescribed methods of operation.
77. The final demand is
that relations between citizens and public authorities be described in terms of
rights and duties. It must be clearly laid down that the principal function of
public authorities is to recognize, respect, co-ordinate, safeguard and promote
citizens' rights and duties
78. We must, however,
reject the view that the will of the individual or the group is the primary and
only source of a citizen's rights and duties, and of the binding force of
political constitutions and the government's authority.52
79. But the aspirations We
have mentioned are a clear indication of the fact that men, increasingly aware
nowadays of their personal dignity, have found the incentive to enter
government service and demand constitutional recognition for their own
inviolable rights. Not content with this, they are demanding, too, the observance
of constitutional procedures in the appointment of public authorities, and are
insisting that they exercise their office within this constitutional framework.
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