Introduction to Public Law: A Comparative Study by Elisabeth Zoller

By Elisabeth Zoller

This e-book is a historic and comparative creation to public legislations, outlined because the legislations of the res publica (the "public factor" or the long-lasting universal pursuits of a people). It strains again the origins of the res publica to Roman legislations, and it analyzes the process its improvement, first, through the monarchical age in continental Europe and England, after which, through the republican age that all started on the finish of the eighteenth century with the democratic revolutions within the usa and France. for every interval and kingdom, the publication analyzes the key innovations of public legislation and their variations: sovereignty, the nation, the statute, the separation of powers, the general public curiosity, and administrative justice.

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How can we explain the need that arose in the middle of the sixteenth century to turn this power into the first power of the prince? There is no easy answer to this question. True, in the Age of Exploration, society was evolving rapidly and visibly under everyone’s eyes. It was important for the sovereign to be able to respond to the needs of the time with appropriate legislation. In the first place, there was a pressing need for regulation of increasingly competitive societies, treading into capitalistic adventures and eager to embark on the conquest for new territory.

The consecration of the king. The consecration of the Carolingians was followed and deepened by the first Capetian, Hugues Capet, who himself was 2 F. Olivier-Martin, L’absolutisme franc¸ais followed by Les Parlements contre l’absolutisme traditionnel au XVIIIe sie`cle, LGDJ, Reprint 1997, pp. 35-36. 3 J. Ellul, Histoire des institutions, Le moyen a ˆ ge, PUF, Quadrige, 1999, p. 58. 4 Olivier-Martin, supra note 2, p. 37. The French Legacy • 35 elected and who used it to confirm the election of his son, Robert, by the highest dignitaries of the realm.

A few centuries in advance of his time, this friend of Montaigne convincingly explained how the intimate relation between the king and the nation had made servitude a voluntary bound. ’’18 The intimate relation existing between the king and the nation was abolished by article 3 of the Declaration of the Rights of Man and the Citizen (1789): ‘‘The principle of all sovereignty remains in essence in the Nation. ’’ This text forbids a public body (a legislative assembly) or an individual (a head of State) to claim to personify the nation; they may only represent it.

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