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 — John Shaqi
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 _Parlement_ of Brittany, in a remonstrance of July, 1771, said:
“There is an essential difference between the transitory regulations
which vary with the times, and the fundamental laws upon which the
Constitution of the monarchy rests. In respect to the former [that is
the transitory regulations] it is the duty of the courts to direct
and enlighten the ruling power (l’autorité), although their opinions
must, in the last instance, yield to the decision of your wisdom, since
it appertains to you alone to regulate everything relating to the
administration. To administer the state is not, however, to change its
constitution.... It is, therefore, most indispensable to distinguish
or to except the cases where the right of expostulation suffices to
enlighten the ruling power in an administration which, in spite of
its wide scope, still has its limits, and those cases where the happy
inability [of the monarch] to overstep the bounds established by the
constitution implies the power necessary legally to oppose what an
arbitrary will cannot and may not do.”[70] To determine accurately the
content of the _lois fondamentales_ of which the _Parlements_ asserted
themselves to be protectors, is difficult. The _Parlements_ themselves
did not deem it expedient, either for their own claims or for those
of the monarch, to attempt a too explicit formulation of these laws;
vagueness was regarded a political virtue. A remonstrance of the
_cour des comptes, aides et finances_ of Normandy, openly admitted
the disadvantage of such an enumeration: “Deign, Sire, to examine for
yourself to what the decree of December tends; it seems destined to
draw the line between the power of the sovereign and the liberty of his
subjects; this line always undetermined, which no hand has been bold
enough to fix, which a salutary veil covers with useful shadows; the
tenderness of princes for their people and the love of the people for
their princes draw or withdraw these shadows according to the times or
the reigns. Those who dare to-day to fix these limits and to say to
France: There ends the legitimate liberty of the people, serve your
interests badly, even politically.”[71]
Public-domain text, read in full here on John Shaqi.
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