The constitutional theatre 1797

I want stress the importance alone formal of an episode that in occurred in Italy during the year 1797, the Cispadane Republic, this is an absolutely false Republic, that has followed during that year in north Italy, that enclosed the region of Emilia Romagna and some cities of this region, and two cities of Tuscany; this essay want consider alone the constitution that has ascertained the constitution, and above all consider the fiction of the policy, that has, through Napoleon(1769-1821), has given the image of liberty when the power was always in his hands. The first sign of this lacking of liberty is in the write of this constitution, why? Simple because the Cispadane Republic has had a constitution that has equal to the French constitution. The first article of this constitution is very meaningful for this opinion, in fact the French constitution of 1791, says: “The sake of every politic association is the khe conservation of natural right. These rights are the liberty, the propriety, the sureness and the resistance to oppression”; certainly important declaration but that is almost specular to the first article of Cispadane republic that says: “The rights of man, that lives in the society, are the liberty, the equality, the sureness, the propriety”. A copy of the French constitution, as above said, but we must also consider that in Italy, the word constitution of rights were concept absolutely strange to the common people, and after this constitution lasted strange; but the stratagem is to give the image of the respect of rights and of the freedoms; but the copy continues: “The French constitution says: “The liberty is in the to make everything that isn’t harmful to other…”; the constitution of Cispadane republic says: “The liberty is in the free action that isn’t harmful to other rights…”; regard to the freedom about the think and expression is in this step of French republic: “The free communication of the thinks and of the opinions is one of man more important; every citizen can hence specks, write, print freely…”; very modern principle, that is specular almost to the Cispadane republic: “Nobody can’t be for his freedom about the think, write, and publish also through the print his thinks, except the cases forgotten from the laws…”; the article 12^th has modified but is the same concept  of French constitution: “The equality is in this, that the law is same for everybody both when it protects and punish…”; the difference is in the 17^th article that is alone a formal distinction, because the concept is equal: “The propriety is a holy and inviolable right, nobody can be deprived, except when the public necessity demands it…”, and the Cispadane constitution says: “The propriety is the right of to joy, and to manage owner goods…”. I wanted represent that these concept are absolutely new for that time, but it were already both in France and in Italy, but the innovative change is that they aren’t alone in the customs, but also in the supreme law, this is the constitution, that the Cispadane republic has borrow from the French constitution, I repeat, it was also necessary because the rights in Italy didn’t know, because the rights were alone tied to the habits. We must also consider that the power was always French, and form their hands never was given to the Italian. A historical gift of this republic has been the Italian flag, that is created on the French model, alone the firts color, red instead blue.  

Alessandro Lusana