Political revolution: the revolutionary French constitution

The revolution was that political, and through this word I mean the Greek exception of this word, is the administration and manage of a State; before more revolutionary was the American constitution, that was already present in the daily actions, the independence of colonies was alone an ascertainment of the ideal and natural presence, that not was political because that the American constitution said was already present; and here the geography is relevant, because the colonies were afield from the English power, in fact they were already independent, but the political concepts that are expressed in the French constitution, are radical, the automatic question is, why? Today for us this political document is alone a constitution without importance, why? Simple because in Europe, these constitutions are very common, daily, hence, the second question is “Why we should have more interest for this?”, because it is a revolutionary constitution, that in Europe, and the geography is more important than before, these constitutions, or constitutions aren’t; the will of the king was the law; instead the will of people is the law, naturally this constitution was written from jurist men, that gone out from a monarchic State, the last French king Louis 16^th, decapitated in January of 1793, hence the difference the differences have to very much relevant, in fact: “Article 1. The rights of the men are the freedom, equality, the sureness and the propriety”; the laic nature of this constitution is evident because the first article doesn’t mention God, and the differences are soon present in second article: “The equality is in that the law is equal to each, that it shield or punish. The equality doesn’t admits differences for the birth, neither heritage neither power”; today it is absolutely normal, but in French or better in Europe of 1793, when this constitution was enacted, it was the true revolution, and I repeat, this constitution was enacted from a European country. The principles that are expressed in same article are very relevant for a constitution, because it wanted, although not written, the unity of a State around the State, the new State, that now was become the republic, hence the unity of citizens was fundamental, in fact: “The sureness is the participation of everybody for to insure the right of each citizen. The propriety is the right of joy and manage of owns, of his incomes, and of the fruit of his work. The difference is more stressed in 6^th article: “The law is the general will that expresses  through the majority or of the citizens or their represents”; it is a revolutionary document because in Europe these equality in front of the law impossible; and it is important not certainly because it is a constitution, because the American constitution was already present and perfect, for its rights, hence the amazing is very limited, because here is repeated that in American constitution was present, and the American constitution was enacted when the burst of the French revolution, we can’t think that has been direct or indirect influence because in French as in Europe, except the English monarchy, known that was burst a independence war in the American continent, because the people, in Europe, didn’t know neither that a American continent existed; the juridical brain that has thought this constitution wanted stressed the independence, but not from other State but from other model, that monarchic, therefore the differences are radical. The awareness of new time and new institutions is in this article, this is the 14^th, that today is the absolutely common, but have past also 234 years from this constitution: “Nothing law, neither criminal nor civil can’t have the retroactive effect”; I repeat it is normal today, but when the constitution wasn’t and the law was the king, everything was subject to him, also the law. The 16^th article ids the celebration of this new spirit: “Every contribution is issued for the general utility; and it must be distributed among the taxpayers, for their possibility”; today it is normal, but I remember to the commentators that the General States were met because the economic crisis was very radical, and the bourgeois and the people have to keep the clergy and aristocracy, that have not to pay the taxes, but also the poverty of the aristocracy is, although shrouded, in the words: “must be distributed among the taxpayers”, because the revolutionaries known perfectly that the aristocracy by now was very impoverished, hence every taxpayer could have given how much was possible. And the article 17^th The sovereignty is essentially in the universality of citizens”; it is the fundamental document of historical progress of revolution, the change very radical of concept of power, now the citizens are the represent of the French, that have delegated liable for their representation in national assembly. And the article following issues better this concept: “Nobody, nor meeting of citizens can attribute the sovereignty”, it is the supreme spirit of revolution, so that nobody except the national assembly has the power. The true revolution, political revolution, is in this article that want guarantees to everybody, in sense purely theoretic, the possibility of represent but with much limits, this is never think to absolute power. The article 19^th confirms this article: “Nobody can, without legal delegation has authority, or to be employer in some public function”; this law wants hinder that died a king other can come. The 21th article confirms this spirit: “The public functions can become the owner of who works it”; this is nobody can become king, since that monarchy had granted some public work and through. In Latin language it sounds as “Quandoque bonus Homerus dormitat”, some time also Homer sleeps; this is the meaning also the better men can mistake; and the revolutionary constitution uses the gospel and not alone for a mention, but in constitution, in article 2th regard the duties of citizens this paper says: “Not make to other that you don’t want somebody makes to you. You must make to other the good action that you would”; we can, rightly, laugh of this step, because it is very useless and absolutely abstract, yes, its right! But we must also consider that the French was again Catholic and the revolutionary spirit in common people wasn’t, actually the traditionalism was very strong, for this Napoleon could issue his govern, that formally isn’t but in reality it was absolutely monarchic. Naturally can’t lack the nature of a State antimonarchic that must suggest the desistence toward every form of monarchy: “The duties of every citizens toward the society is to defend, to server, to live under the laws and to respect who are their institutions”; it is a motive valid to think that the Jacobinism has taught that somebody could also think of to take the power, and it in fact occurred, Napoleon, but same Napoleon was under the laws. The Christian morality was truly deep in the French people, because the article 4^th is a true representation of Christin doctrine: “Nobody is a good citizen if he isn’t also good son, good father, good brother, goof friend, good husband”, to this article lacks something very important, it is: “He must goes to Jerusalem with pilgrims, and every day must pray, in church, our God; if the constitution was also of this article the revolution would be submerged from the fairs; further the accuse of atheism that the factions bourgeois could use against the Jacobin was reals, and a country again Catholic as the French has had react very evil.     

 Alessandro Lusana  

 

 

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