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 Constituent Assembly decided on the complete reorganization of the
judicial organization. This was accomplished on a very simple plan,
which realized that ideal of the two degrees of justice which, as we
have noticed, was that of France under the _ancien regime_. In the lower
degrees it created in each canton a justice of the peace (_juge de
paix_), the idea and name of which were borrowed from England, but which
differed very much from the English justice of the peace. He judged,
both with and without appeal, civil cases of small importance; and, in
cases which did not come within his competency, it was his duty to try
to reconcile the parties. In each district was established a civil court
composed of five judges. This completed the judicial organization,
except for the court of cassation, which had functions peculiar to
itself, never judging the facts of the case but only the application of
the law. For cases coming under the district court, the Assembly had not
thought fit to abolish the guarantee of the appeal in cases involving
sums above a certain figure. But by a curious arrangement the district
tribunals could hear appeals from one another. With regard to penal
prosecutions, there was in each department a criminal court which judged
crimes with the assistance of a jury; it consisted of judges borrowed
from district courts, and had its own president and public prosecutor.
Correctional tribunals, composed of _juges de paix_, dealt with
misdemeanours. The Assembly preserved the commercial courts, or consular
jurisdictions, of the _ancien regime_. There was a court of cassation,
the purpose of which was to preserve the unity of jurisprudence in
France; it dealt with matters of law and not of fact, considering
appeals based on the violation of law, whether in point of matter or of
form, and if such violation were proved, sending the matter before
another tribunal of the same rank for re-trial. All judges were elected
for a term of years; the _juges de paix_ by the primary assembly of the
canton, the district judges by the electoral assembly consisting of the
electors of the second degree for the district, the members of the court
of cassation by the electors of the departments, who were divided for
the purpose into two series, which voted alternately. The Constituent
Assembly did, it is true, require professional guarantees, by proof of a
more or less extended exercise of the profession of lawyer from all
judges except the _juges de paix_. But the system was really the same as
that of the administrative organization. The king only appointed the
_commissaires du roi_ attached to the district courts, criminal
tribunals and the court of cassation; but the appointment once made
could not be revoked by him. These commissaries fulfilled one of the
functions of the old _ministere public_, their duty being to demand the
application of laws. The Convention did not change this general
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