There is a part of human existence which necessarily remains individual and independent, and which by right is beyond all social or legislative competence. Society’s authority, and thus that of legislation, exists only to a relative and limited extent. At the point where the independence of individual existence begins, the authority of legislation stops. If legislation crosses this line, it usurps.
Individual rights are a part of human existence which should remain independent of legislation. They are rights which legislation should never touch, rights over which society has no jurisdiction, rights which it cannot invade without making itself as guilty of tyranny as the despot who has no other title to authority than a deadly sword. The government’s legitimacy depends on its purpose as much as on its source. When this authority is extended over purposes which are outside its sphere, it becomes illegitimate.
Benjamin Constant
http://oll.libertyfund.org/titles/commentary-on-filangieris-work
Thanks for the link. Bookmarked for future reference.