French constitutional courts, Napoleonic era, 3rd Republic, High Court of Justice, revolutionary government, Court of Cassation, constitutional law, judicial institutions, revolutionary egalitarianism
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This document discusses the evolution of constitutional courts in France from 1799 to 1870, covering the Napoleonic era and the 3rd Republic.
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[...] Despite being legally recognized, Protestants could not access public offices and organized professions that were reserved for Catholics. The Revolution had the objective of revoking this discrimination. In line with the principles proclaimed by the Declaration of the Rights of Man and of the Citizen, the decree of the National Assembly of December restored their civil and political rights in accordance with Article 1 and 10 of the Declaration of the Rights of Man and of the Citizen. The descendants of Huguenots who had emigrated following the revocation of the Edict of Nantes, were able to recover their French nationality as well as their property that had been confiscated. [...]
[...] Section From 1789 to the fall of the monarchy in 1792. During this period, it is a question of elections for the Estates General, which subsequently becomes the General Constituent Assembly, and then, at the end of the constitutional text of September those concerning the establishment of the Legislative Assembly. Paragraph The formation of the Estates General. In July 1788, at the same time as the cahiers de doléance are being prepared, it is decided that the Estates General must be reunited but prior to this it is necessary to regulate their formation. [...]
[...] B - UNDER THE JULY MONARCHY With the advent of the July monarchy, the question of maintaining the magistrates in place was raised from a legal point of view because the magistrates held their power from the deposed king and from a political point of view since many magistrates remained linked to the legitimate monarchy. Consequently, the new regime had reasons to distrust them. More than one magistrate felt enough dignity to resign or request a leave. The prosecutor's office was thus purged with around 500 dismissals. On August the Chamber was seized with the question of the inamovibility of the magistrates of the bench. [...]
[...] During the interwar period, the 3rd Republic continued to be threatened by the extreme right and on February a mass demonstration orchestrated by various extreme right-wing leagues shook the parliamentary republic: Stavisky Affair several scandals to shake the republic. No judicial follow-up. The Senate also had to judge the members of the extreme left communist. This is the Cachin-Monmousseau affair, communist deputy on January the French army occupies the Ruhr. This initiative is due to the Poincaré government. The Communist Party PCF was opposed to it. According to him, the occupation of the Ruhr benefited the bourgeoisie and the patronage. [...]
[...] It is a law of March which organized the Revolutionary Tribunal. It was composed of 5 judges and 1 public prosecutor, all 6 designated by the Convention. It was accompanied by 12 jurors who were originally drawn by lot but who were subsequently carefully screened by the Committee of Public Safety. This Tribunal was charged with judging the attacks committed against the liberty, l'equality, l'unity and l'indivisibility of the Republic as he was also in charge of judging the attacks against the internal and external security of the State and this regardless of the quality of the authors. [...]
