Freedom of Association/History/Noteworthy written sources

Freedom of Association

Is there another noteworthy written source from the past that mentions this right?

Freedom of association, as it is defined today, largely originates from the works of various political theorists. Early recognition of this freedom, however, can be found before and after the lifetimes of John Locke, Jeremy Bentham, and John Stuart Mill. Following the enactment of a constitution in 1815, the newly-independent Kingdom of the Netherlands took concrete steps to codify freedom of expression, which took this form following revisions in 1848 and 1983: “The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order" (Article 8).

The early Dutch interest in protecting free association arguably stemmed from their war of independence against Spain, and the decentralized form of republican governance that followed. This phenomenon is evidenced by the Union of Utrecht (1579) and the Act of Abjuration (1581). While neither document explicitly mentions the right to free association, they establish the necessary framework for its eventual adoption into the Dutch Constitution.

The Union of Utrecht was enacted prior to a formal declaration of independence from Spain, and would eventually influence the U.S. Articles of Confederation (for better or worse). It declared that the provinces and cities of the United Netherlands are entitled to “special and particular privileges,” as well as the freedom to maintain regional “franchises” and “long practiced customs.” This language primarily served as an acknowledgement of the differing factions and organizations that existed within and beyond Holland, and the efforts by William of Orange and other Dutch revolutionaries to garner a larger base of support. Regarding religion (an issue largely forced upon them by the Spanish Inquisition), the document protected individuals from being “investigated or persecuted because of [their] religion,” and allowed for religious ordinances to be established on a regional basis so they could be “most fitting for the repose and welfare” of different communities. In protecting religious freedom, the Union of Utrecht implicitly acknowledged the right to join religious organizations, which amounted to an intersection between the issues of religion and association.

The Act of Abjuration represented a definitive declaration of independence from Spain, which came to fruition following the Eighty Years’ War. The authors of this document asserted that royal subjects, when confronted with a tyrannical ruler, may collectively “proceed to the choice of another prince for their defense.” They admonished Habsburg Spain, which operated “under the mask of religion” to suppress associations in Holland that dissented against Catholicism or Spanish political rule. As the discontented subjects of a monarch can reasonably be termed as an association with shared interests, this document would theoretically assert their right to collective action. The Act of Abjuration sought to identify and protect the interests of Dutch society as a whole, while asserting that smaller associations within this broader collective were entitled to the political power previously wrested from them by Spain.

Neither the Act of Abjuration nor the Union of Utrecht explicitly mentioned the right to free association. The eventual adoption of this right in the Constitution of the Kingdom of the Netherlands in 1848, however, affirmed an ideological movement promoting free association that began in earnest during the Dutch revolution against Habsburg Spain. This experience undoubtedly shaped the Constitution of 1815, which currently recognizes free association as an enumerated right.

Pope Leo XIII forcefully argued for free association in Section 51 of Rerum novarum (1891) , an extremely influential text in Catholic thought: "Private societies, then, although they exist within the body politic, and are severally part of the commonwealth, cannot nevertheless be absolutely, and as such, prohibited by public authority. For, to enter into a "society" of this kind is the natural right of man; and the State has for its office to protect natural rights, not to destroy them."

References:

“Act of Abjuration 1581, Dutch Declaration of Independence.” n.d. Www.age-of-The-Sage.org. https://www.age-of-the-sage.org/history/dutch_independence_1581.html.

“Union of Utrecht 1579.” n.d. Www.constitution.org. https://www.constitution.org/1-Constitution/cons/dutch/Union_Utrecht_1579.html.

“Recht Tot Vereniging.” 2021. Gert-Jan Leenknegt, Nederland Rechtsstaat. November 1, 2021. https://www.nederlandrechtsstaat.nl/grondwet/inleiding-bij-hoofdstuk-1-grondrechten/artikel-8-recht-tot-vereniging/.

Netherlands 1814 (Rev. 2008). n.d. Constitute. Comparative Constitutions Project. Accessed August 1, 2024. https://www.constituteproject.org/constitution/Netherlands_2008.

Catholic Church. Pope (1878-1903 : Leo XIII). Rerum Novarum : Enciclica Di Leone XIII Sulla Questione Operaia. Lugano :Edizione a cura dell'Organizzazione cristano-sociale del canton Ticino per la celebrazione del LXX, 1961.