By Elisabeth Zoller
This e-book is a historic and comparative creation to public legislations, outlined because the legislation of the res publica (the "public factor" or the iconic universal pursuits of a people). It lines again the origins of the res publica to Roman legislations, and it analyzes the process its improvement, first, in the course of the monarchical age in continental Europe and England, after which, through the republican age that begun on the finish of the eighteenth century with the democratic revolutions within the usa and France. for every interval and nation, the e-book analyzes the foremost strategies of public legislations and their alterations: sovereignty, the kingdom, the statute, the separation of powers, the general public curiosity, and administrative justice.
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The king held his power from God; he was sovereign not inherently, but by the grace of God. ’’ As Jean Barbey said, the consecration ‘‘brings about remarkable consequences, both legal and religious [. ’’6 5 J. Barbey, ‘‘Le sacre,’’ in S. ), Le miracle cape´tien, Paris, Librairie acade´mique Perrin, 1987, p. 79. 6 Id. at p. 83. 36 • Introduction to Public Law Later, the monarchy by divine right proclaimed by the General Estates in 1614 would make these characteristics even stronger. As he received his power from God alone, the king was the representative of God on earth.
In the Commentaries on the Laws of England, I, 239, Blackstone says: ‘‘ [T]he word prerogative [. ] signifies, in its etymology (from prae and rogo) something that is required or demanded before, or in preference to, all others’’; see also O. Hood Philipps & P. Jackson, Constitutional and Administrative Law, 8th ed. [P. Jackson & P. Leopold], London, Sweet & Maxwell, 2001, § 15-003, no. 14, p. 305. The Monarchical Age • 27 similar results. 4 The Middle Ages had a Lilliputian vision of power that was subsequently engulfed by the theory of sovereignty, the major innovation of which was to combine the multiplicity of medieval powers into one power, and one only—the power to make the law.
8. 8 P. Chaunu, ‘‘L’Etat de finance,’’ in F. Braudel & E. ), Histoire e´conomique et sociale de la France, I/1450-1660), PUF, 1993, pp. 129-191. 9 See Olivier-Martin, supra note 2, at pp. 36-55. The French Legacy • 37 meaning. In the sixteenth century, the word ‘‘crown’’ was current. ’’ The king and the State. ’’ Henri IV followed in the footsteps of Henri III, constantly calling on ‘‘this State . . ’’ Under Louis XIII and Richelieu, the word ‘‘State’’ replaced all the ancient formulas. On the ‘‘Day of Dupes,’’ November 11, 1630, Louis XIII decided—against the advice of the Queen mother, the most influential Catherine de Me´dicis—to set aside the religious party that she manipulated, so as to keep Cardinal de Richelieu in power.