Caesarism and Popular Sovereignty

Memo of Text Commentary : Caesarism and Popular Sovereignty

“Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” - Plato

Context of document : French Constitution of 1799

Date : 1799

Author : Drafted by two commissions within the legislative body (Counsel of the Five Hundred + Counsel of the Elders)

Political value : This constitution is politically valuable as it implements some sort of stability in a state of political unrest, as France was just coming out of a period of “Ten Revolutions”, with the “Terror” and dictatorship of Robespierre, as well as the failures of the 1791 and 1793 constitutions.

Legal value :  Judicial review was firstly implemented in France through this constitution which also highlights an another important aspect, the maintaining, to an extent, of popular sovereignty. It is also significant to add that this constitution was legitimised through a referendum.

Historical value : This constitution is historically valuable as it is written in 11 days after the “coup d’état” of the 18th of Brumaire where Napoléon took power after his propositions for the prior constitution were rejected, it therefore strongly reflects Napoleon’s will to concentrate powers into his hands.

Controversial : Constitution written after a Coup d’état with aims to enable Bonaparte to concentrate power in his hands.

Still pertinent : As it highlights how the political and socio-economic context have strong impacts on the construction of a country’s fundamental law, this constitution is still pertinent because many countries to this day are still writing their constitution, newly recognised (South Sudan) or unable to legitimise it.

Context of document : French Constitution of 1804

Date : 1804

Author : Sénat Conservateur

Political value : This constitution is politically significant because it highlights a clear transition to authoritarianism in its first article. One aspect of the constitution that is contradicting yet interesting is the fact that whilst France becomes an Empire, it maintains its form of government of the Republic.

Legal value : This constitution marks a shift from popular sovereignty to national sovereignty which had been one of the fundamental Enlightenment debates of this period. Although authoritarian, this constitution still maintains judicial review to an extent.

Historical value : After the implementation of the Constitution of 1804, Bonaparte became Emperor of France and led the country into enter a state of war for the next 10 years, which is extremely significant as it changed both national and transnational boundaries. Napoleon’s regime also brought a period of instability in Europe yet enabled nations to come together at the Congress of Vienna, one of the first historical marks of European cooperation.

Controversial: Principles of the Revolution were either disregarded or perverted under the constitution.The Republic was entrusted to an emperor. Furthermore, the Constitution established another dynasty making the imperial dignity hereditary from the lineage of Napoleon Bonaparte.

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