The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792Conaway, Horace Mann
History
The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792
Conaway, Horace Mann
Constitutional history -- France; France -- History -- Revolution, 1789-1799; Thesis (Ph. D.)
The duties of the _Parlements_ were primarily judicial, but in addition
the _Parlement_ of Paris possessed legislative functions, inasmuch as
the laws were sent to it for registration. The _Parlement_ by custom had
come to make use of remonstrances to the king in case of laws distasteful
to them. Though some monarchs, as Louis XI., XII., and Henry IV., had
paid some regard to these remonstrances,[63] yet even in the sixteenth
century the remonstrance did not stop the determined monarch, but the
court was forced to yield to the royal wish in the _lit de justice_.[64]
There existed, therefore, a singular balance of power between the
_Conseil d’État_ and the _Parlement_. The _Conseil d’État_, as a _cour de
cassation_, might annul the parliamentary remonstrance, and, inversely,
the _Parlement_ might, in virtue of its power to register, check the laws
originating from the _Conseil d’État_. It is worthy of remark, however,
that even at this period, this normal distribution of functions was not
so balanced and guarded as to avoid abnormal procedure. Neither the
_States General_ nor the _Parlement_ was put wholly beyond the control of
the executive.
D’Avenel, expressing a view not uncommon in the earlier days of the
Revolution of 1789, asserts in his remarkable book, _Richelieu et la
monarchie absolue_, that France had a constitution before the ministry
of the politic Richelieu, yet not thereafter,[65] but it is difficult to
defend such a declaration. It may be admitted that the States-General
were no longer convoked after 1614, that the _personnel_ of the
nobility was altered, that the _Parlement_ was now and then forced into
acquiescence to the royal will; nevertheless the two bodies, the _Conseil
d’État_ and the _Parlement_, continued to function very nearly as
before, and at times the _Parlement_ emerged from its submissiveness and
haughtily asserted its pretensions.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account