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 magistrates based their shadowy claims upon different grounds.
Frequently they appealed to precedent; as in 1718, the _Parlement_ of
Paris declared that the most absolute kings, specifically Louis XIV., had
_continually_ made use of the _Parlement_ for registration.[68] Justice
and expediency were also invoked in their support.
Already in the period of the regency, following closely after their
submissiveness under Louis XIV, we find a hazy but general distinction
between statutory and constitutional laws: “While we recognize, Sire,
that you alone are lord and master and the sole lawgiver, and that there
are laws which changing times, the needs of your people, the maintenance
of order and the administration of your kingdom may oblige you to
modify, substituting new ones according to the forms always observed
in this state, we nevertheless believe it to be our duty to call to
your attention the existence of laws as old as the monarchy, which are
permanent and invariable, the guardianship of which was committed to
you along with the crown itself.... It is by reason of the permanence
of such laws that we have you as lord and master. It is this permanence
which leads us to hope that the crown, having rested upon your head
during a long, just, and glorious reign, will pass to your posterity
for all time to come. In recent times [the _Parlement_ adds] it has
been clearly shown how much France owes to the maintenance of these
original laws of the state, and how important it is in the service of
your Majesty that your _Parlement_, which is responsible to you and
to the nation for their exact observations, should assiduously guard
them against any encroachment.”[69] Here then is found in embryo the
programme which the magistrates pursued in their legislative opposition
to the crown. Nevertheless there is, judging from a comparison of these
earlier remonstrances and those emitted later, some progress in the
distinction of organic and of statutory law, and in the enumeration of
the fundamental principles.
Public-domain text, read in full here on John Shaqi.
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