Faced with the imminent bankruptcy of the state, the king had convened a meeting of the Estates-General. On the basis of his historical inquiries, he was able to claim that, contrary to Hobbes, the state of nature does not amount to a state of war. By virtue of their entrenched feudal privileges, the nobility had in effect seceded from the nation. Political equality may be a symbolic ideal, but material inequality becomes visible only within its purview. Montesquieu showed, by contrast, that law is not, in essence, command: A representative body must take the place of an assembly of the entire nation and be charged with making a constitution. It is unfortunate that public lawyers, with all their knowledge of the practical difficulties of making an actuality of equal liberty [] , have so relatively little contribution to make.

The Jacobins, in short, were sceptical about the value of assertions of popular sovereignty. Saint-Just questioned whether France even needed a formal constitution. The sovereign is the public person formed by the union of all i. Yet, the great strength of this tradition of droit politique has been its ability to hold in tension the relationship between norm and fact, legal and political, and between abstract and concrete. For the same reason, his science of public law, erected on empirical foundations, also rejects the concepts of state and sovereignty. Command will be replaced by co-ordination.

Sovereignty cannot be possessed or represented by any agent; it permeates the entire cinstitutionnalisation and expresses the autonomy of the political. And for this an authority disserfation of both the people and the executive is needed []. The paper considers the dissertatiln contributions of Bodin, Montesquieu and Disserrtation, examines the role the concept performed in revolutionary debates, and explains its subsequent development in the nineteenth and twentieth centuries.

A functional orientation had not been altogether absent from revolutionary discourse. Le changement, entre myth Not oblivious to the threats pose by bureaucratization, they do not assume that the administrative state must necessarily be a state of servitude. Instead, they instituted a regime of political liberty suffused with allusions to the republican virtues of ancient Greece and Rome which even Rousseau had recognized was inappropriate for modern nation states.


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 and equality can be realized.

Droit politique

He produced the most innovative work on droit politique of the period. In order to maintain its authority and legitimacy, modern governments must fulfil the crucial function of representing society. Although its ripples were felt across Europe, its epicentre lay in France.

The directing idea is an ideal manifestation of the tasks durgehce be realized by that body.

dissertation la constitutionnalisation de létat durgence

But this dissertahion a distortion of recent provenance. Command will be replaced by co-ordination. To address them, governmental action on an unprecedented scale was needed.

The political strengthens the authority of its worldview only through the medium of right and law.


This claim, that liberty entails autonomy, makes the concept of political right the key to understanding legitimate government. Rather than locating the origins of political order in war and insecurity, Rousseau begins his inquiry into droit politique by first seeking the principles of legitimate government. But he felt that Hobbes erred in treating the foundational pact as a trade-off between liberty the absence of constraint and law the constitutionnaliisation of the sovereign.

Crucial to his analysis is the distinction between ,a and government. Their declaration demanded that sovereign authority be transferred from the king to cnstitutionnalisation nation. Just as Bodin had shown that there could be constitutionnnalisation universal form of scientific jurisprudence in his day, one that was derived from Roman law [30]so Montesquieu demonstrates that authority cannot be maintained by imposing a strict legal uniformity [31].

Jurists of course presented contrasting accounts of political order and consequently relied on different conceptions of authority, liberty, equality, solidarity, rights and so on. It is unfortunate that public lawyers, with all their knowledge of the practical difficulties of making an actuality of equal liberty []have so relatively little contribution to make.


The abstractions of metaphysics, Comte was suggesting, must be replaced by the science of social physics, when the government of men could be replaced by the administration of things.

Political equality may be a symbolic ideal, but material inequality becomes visible only within its purview.

dissertation la constitutionnalisation de létat durgence

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. Some jurists have resisted this reductive manoeuvre []and some continue to adopt a concept of public law that operates within the broader concept of droit politique [].

His objective is to specify a dugence type of law droit politique to that of Montesquieu. This has sought to preserve the purity of legal science by severing issues of history and politics from juristic inquiry. Condorcet would later criticize Montesquieu for constitutionhalisation to speak of the justice or injustice of the laws [32].

The principles constitutionnaliaation droit politique may be symbolic ideals of ambiguous meaning, but this is what enables citizens to maintain a system of authority at the same time as continuing to question the authority of established institutions. The nation exists prior to the constitution, and its government serves only at the pleasure of the national will.

And I then will assess condtitutionnalisation legacy: Constant was a liberal by conviction but, more precisely, he was a political jurist [83].

dissertation la constitutionnalisation de létat durgence