BERGASSE (Nicolas)
    REPORT OF THE CONSTITUTIONAL COMMITTEE ON THE ORGANIZATION OF THE JUDICIAL POWER, PRESENTED TO THE NATIONAL ASSEMBLY
Édition :
    Paris
Date :
    1789
    octavo, paperback, 64 p.
    One of the two editions also considered original of this text (the second bears the date August 17, 1789, and the place of printing Versailles). It is known that the law on judicial organization of August 16-24, 1790, underwent a long gestation. Here we have the first text devoted to the reform of the justice system (prior to the Declaration of the Rights of Man and of the Citizen of August 26). In his analysis of this essential text, J.P. Royer (no. 162) emphasizes that "this first draft of reform is a very comprehensive text that considers justice as a whole, in its organization as much as in its civil and criminal procedure." But the contribution of this text is not limited to the elements of reform it contains. It is also the first testimony to the revolutionaries' mindset regarding the power of judges. It thus highlights the danger of entrusting judges with the power of interpretation, and also the necessity of establishing a system of judicial accountability. It is also written in a magnificent style. Rare.

Référence : 7918

Mots-clés : Constitutional Law

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