Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
_The Revolution._--With the Revolution France entered the ranks of
constitutional countries, in which the liberty of men is guaranteed by
fixed and definite laws; from this time on, she has had always (except
in the interval between two revolutions) a written constitution, which
could not be touched by the ordinary legislative power. The first
constitution was that of 1791; the states general of 1789, transformed
by their own will, backed by public opinion, into the Constituent
Assembly, drew it up on their own authority. But their work did not stop
there. They abolished the whole of the old public law of France and part
of the criminal law, or rather, transformed it in accordance with the
principles laid down by the political philosophy of the 18th century.
The principles which were then proclaimed are still, on most points, the
foundation of modern French law. The development resulting from this
extraordinary impetus can be divided into two quite distinct phases: the
first, from 1789 to the _coup d'etat_ of the 18th Brumaire in the year
VIII., was the continuation of the impulse of the Revolution; the second
includes the Consulate and the first Empire, and was, as it were, the
marriage or fusion of the institutions arising from the Revolution with
those of the _ancien regime_.
The Constitutions of the Revolution.
On the whole, the constitutional law of the Revolution is a remarkably
united whole, if we consider only the two constitutions which were
effectively applied during this first phase, that of the 3rd of
September 1791, and that of the 5th Fructidor in the year III. It is
true that between them occurred the ultra-democratic constitution of the
24th of June 1793, the first voted by the Convention; but although this
was ratified by the popular vote, to which it had been directly
submitted, in accordance with a principle proclaimed by the Convention
and kept in force under the Consulate and the Empire, it was never
carried into effect. It was first suspended by the establishment of the
revolutionary government strictly so called, and after Thermidor, under
the pretext of completing it, the Convention put it aside and made a new
one, being taught by experience. As long as it existed it was the
sovereign assembly of the Convention itself which really exercised the
executive power, governing chiefly by means of its great committees.
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