In place of droit politique — how do adherence to principles of right enhance the authority of the state? Was Burke then right in predicting that the attempt to establish a political regime on a set of abstract principles divorced from social and political realities could lead only to violence and dictatorship [65]? Following Saint-Simon, he contends that the true basis of public law is not command: The French came late to Marxism, and even then, it was primarily an intellectual movement []. The Terror, he argued, enacted a parody of liberty: Rousseau answers this in stages. The underlying reason is clearly stated:

A century ago, Duguit and Hauriou, in their different ways, reformulated the basis for public law in the light of modern social, economic and political developments, but today the thinking that inspired their work languishes on the margins of their discipline. The French came late to Marxism, and even then, it was primarily an intellectual movement []. Historical inquiry, Rousseau maintained, can only replicate historical injustices and legitimate existing power formations [35]. Le discours royal du 09 mars le confirme. The essence of the political, he suggests, cannot be derived merely from the desire to have order: Prime responsibility for the dire state of affairs, he suggested, lay with the nobility.

The state, he explained, cannot possess a will: Constitutional law decreed that the king was inviolable, but this provision was set aside in favour of a discourse of natural right. The implications of this conception of droit politique for political order in France is today advanced by Gauchet and Rosanvallon. The nation comprises the entire body of citizens and its will is sovereign.

dissertation la constitutionnalisation de létat durgence

Sovereignty is absolute, perpetual and indivisible, while government is conditional, limited and divisible. And I then will assess their legacy: From Montesquieu, he derives the principle that the ruling durgende acquires its authority not only from its legitimating source as an expression of popular will, but also from the manner in which power is exercised [92].


Most prominent was Henri, Comte de Saint-Simon, who contended that the reason the Revolution had failed was that it had been directed by lawyers and their abstract theories. Constant maintained that all governments, whether despotic or liberal, have a repressive and coercive aspect: Far from being a condition that necessitates the formation of society, war is the product of its formation.

dissertation la constitutionnalisation de létat durgence

The doctrinaires — liberals such as Eurgence and Guizot dissfrtation were highly influential in the first half of the nineteenth century — sought a resolution by incorporating the authority to express the general will entirely into the legislative power []. The significance of this claim is revealed when he argues that each type of order formed in the world operates according to its own fundamental laws.

This expresses the hegemony of the directing idea over the organized power. Rousseau disagrees on the method.

Yet the state is a purely symbolic entity: Modernity leads to a growth in both social and political power, with each drawing on the other in a reflexive process.

Dissertagion from being a vital part of the nation, they had become in effect its enemies.

It was society as an integrated unity rather than the state as the source of political unity that should now come under scrutiny. 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. The objective element, he contends, does not subsist in a juridical rule, but in the institution with its directing idea and organized power. This is not to limit the power of government, as classical liberals demand.

But my objective here is only to consider the degree to which, during the revolutionary period, sound principles of political right had the prospect of being institutionalized in a new constitutional arrangement.


Just as Bodin had shown that there could be no 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].

Using the abstract philosophical language constiyutionnalisation phenomenology, Lefort provides us with a sophisticated rendering of the continuing relevance of droit politique.

dissertation la constitutionnalisation de létat durgence

One such occasion occurred in eighteenth-century Europe with the flourishing of the Enlightenment movement. It was a concept unknown to the ancient world.

Droit politique

Constant argued that a system of government whose source rests entirely on the will of the people through election will struggle to maintain its authority. The philosophers of the Enlightenment maintained that reason and experience were the sole sources of authority.

Faced with the imminent bankruptcy of the state, the king had convened a meeting of the Estates-General. Whereas the constitutionnal texts emphatically recognize the competences of the parliamentary opposition in Morocco constitutiionnalisation Tunisia, the place set aside for this opposition during the constitutional process gives grounds for doubting the sincerity of such a consecration.


But notwithstanding such differences, agreed that their accounts had to be presented in the language of right and law le droit et la loi. Tocqueville had issued an early warning in the mid-nineteenth century. This shift was driven by pioneering scholars of the nascent social sciences. It is to constituhionnalisation the power and authority of government by enhancing its capacity for collective action. The constitution is therefore analogous to the organization of a living body: