Far from being a vital part of the nation, they had become in effect its enemies. No further documentary authority was required. Comment croire et soutenir que ces seuls dix jours ont permis l’expression libre et pluraliste des opinions? They had failed in particular to appreciate the importance of maintaining a clear distinction between sovereignty and government, which Rousseau had adopted from Bodin. The critical point is that his monumental inquiry is designed with the precise objective of discovering the fundamental laws that maintain the autonomy of the political worldview. The question then arises: Power is vested in those who govern and since this power can never in its origins be legitimate, it cannot yield a right to govern.

The nation exists prior to the constitution, and its government serves only at the pleasure of the national will. Arab springs – Separation of power – Constitutionalisation – Parliament – Constitutional review – Democracy – Rule of law – Opposition rights – Parliamentary opposition – Majority – Minority – Filibustering. The ancient idea of liberty, by contrast, expressed collective independence from rule by foreigners and required the active participation of citizens in collective self-government. Only as equals are they transformed from a multitude into a people. The political strengthens the authority of its worldview only through the medium of right and law. Only in the scientific era, he argued, can we, through observation and inductive reason, discover the laws that govern phenomena.

They had little to say about its darker side.

Each recognized that the rapid growth of governmental powers was having an impact on legal form, to which they responded with innovative accounts of the way modern legal order should be conceptualized. Following Saint-Simon, he contends that the true basis of public law is not command: His Principes de politiquefounding the political on the concepts of state and sovereignty, provides an authoritative statement of droit politique for the modern world. The jural principle establishes a regime of duties: His objective, then, was to discover the principles of modern constitutional ordering that could meet such tests.


Sovereignty is constitutive, while the issue of who actually exercises the sovereign powers of rule is merely regulative. He argues, first, that the foundational pact substitutes a political equality for whatever physical inequality nature may have established: Montesquieu had set himself the task of finding a new understanding of the concept of law. From Rousseau, he derives the principle that a regime acquires its legitimacy from popular sovereignty: Sovereignty is conceptual, government empirical.

Their recognition of the importance of political culture as a set of symbolic practices throws into relief the juristic implications of the revolutionary debates. His ambition, in short, was to reveal the fundamental laws of the political domain.

But how can this public person of the state be said to have a single will? This claim, that liberty entails autonomy, makes the concept of political right the key to understanding legitimate government.

dissertation la constitutionnalisation de létat durgence

Situating himself in the tradition létaat Montesquieu and Rousseau [84]he built his argument from the elementary concepts of war and peace, state and sovereignty. These two basic assumptions combine in a third, derivative, claim: The prevalence of the modern conception, he suggested, was just as distortive as the dominance of the ancient, since the atrophy of the political could be as dangerous as a total politicization of society.

Nevertheless, the question of how to express some sense of political unity remained.

Droit politique

Constant argued that a system of government whose source rests entirely on the will dissertayion the people through election will struggle to maintain its authority. Rousseau never claimed that political order rested on natural law: The challenge of discovering les principes du droit politique is to understand how law can be transformed from an instrument that bolsters the hierarchical relationship of sovereign and subject into a medium by which liberty constitutionnalisaion equality can be realized.


dissertation la constitutionnalisation de létat durgence

Its function is to ensure that society and government operate in harmony []. But the logic of their argument suggests that politics is that which disrupts any order of police: His true purpose was to demonstrate that, in order to generate political power, the political must be framed by the legal. The French came late to Marxism, and even then, it was primarily an intellectual movement [].

dissertation la constitutionnalisation de létat durgence

To address them, governmental action on an unprecedented scale was needed. Only in the scientific era, he argued, can we, through observation and inductive reason, discover constitutionnalization laws that govern phenomena.

Power thus derives from its function as government, which is to promote social solidarity. Crucial to his analysis is the distinction between sovereignty and government.


They had failed in particular to appreciate the importance of maintaining a clear distinction between sovereignty and government, which Rousseau had adopted from Bodin. This is a form of anarchy which, beyond utopian abstraction, contains no guidance on how a world might be built.

Political constitutionnalisatikn may be a symbolic ideal, but material inequality becomes visible constitutionnalistion within its purview. La constitutionnalisation comporte une vocation performative: He argues, contrary to Bodin and Montesquieu, that a nation is not some cultural artefact defined by laws and customs and sanctioned by history.

Constant welcomed the Revolution as marking the end of the old feudal order [80]but criticized the manner of its unfolding.

But it would not be accurate to say that during the Terror they simply suspended the law.