|
The Girondin constitutional project, presented to the French National Convention on 15 and 16 February 1793 by Nicolas de Caritat, formerly the Marquis de Condorcet, is composed of three parts: * An ''Exposition of the Principles and Motives of the Constitutional Scheme'', approx. 80 pages * A ''Draft Declaration of the Natural, Civil, and Political Rights of Man'', in 33 articles * A ''Draft French Constitution'', in 13 titles The work was signed by the eight members of the Convention's Constitution Committee: Condorcet, Gensonné, Barrère, Barbaroux, Paine, Pétion, Vergniaud and Sieyès.〔Nicolas de Caritat. "(Plan de Constitution présenté à la Convention nationale les 15 et 16 février 1793, l'an II de la République (Constitution girondine) )", in ''Digithèque de matériaux juridiques et politiques'' by Jean-Pierre Maury, retrieved November 4, 2008〕 == Principles and motives == In the exposition of the principles and motives behind the constitutional scheme that he reads before the National Convention, Condorcet begins, as a true mathematician, by a description of the "problem to solve": ''To give to a territory of twenty-seven thousand square leagues, inhabited by twenty-five million individuals, a constitution which, being founded solely on the principles of reason and justice, insures to citizens the fullest enjoyment of their rights; to combine the parts of this constitution, so that the necessity of obedience to the laws, the submission of individual wills to the general will, allow the subsistence in all their extent, of the sovereignty of the people, equality among citizens, and the exercise of natural liberty, such is the problem that we had to solve.''〔Nicolas de Caritat. "Exposition des principes et des motifs du plan de constitution", in Arthur O'Connor and François Arago. ''Oeuvres de Condorcet'', Paris: Firmin Didot frères, 1847 (tome 12, p. 335) ((online ))〕 Are subsequently exposed, in this order: * the philosophical justifications for the abolition of monarchy; * the motives to prefer the unity and indivisibility of the republic to the establishment of a confederal or federal order; * an argumentation in favour of a constitution authorizing the representatives to make only laws that are submitted 1) to the limits of a constitutional law they cannot change; 2) to the direct censorship of the people, who remains the sole depository of sovereignty; * primary assemblies: their functions (elections, petitions, censorship of laws, approving/rejecting the summoning of a national convention, or a constitution draft, or a proposition emanating from the legislative body), their relation with the assembly of national representation; * the reasons to prefer, for the delegation of the people's powers, a unique principle of action to multiple and independent principles of action kept in balance by their concurrence; * the reasons to prefer a unicameral constitution, the means to protect oneself against the dangers of laws adopted hastily; * The reasons to prefer a small executive council to a single individual; the composition, the renewal and the functioning of the council; its subordination to the legislative power which nevertheless cannot dismiss its members; * the independence of the public treasury vis-à-vis the executive council; the account juries; * the administrative division of the territory into large communes; * the administration of the departments; the subordination of the administrator to the executive council; their surveillance by the legislative body; * the administration of justice; the trial by juries in civil affairs, only after the failure of arbitration; * the institution of a national jury for judging functionaries in cases of offence against the liberty of the people or the safety of the State. * the revision of rulings, their possible cassation attributed to censors; * the abolition of death penalty for all offences involving private individuals; * the same political rights to all men aged 21 and above, born in France or settled in France at least since one year; philosophical justifications; eligibility to all public places to citizens aged 25 and above; * the electoral method inspired by the academic works on the "probability of majority decisions" done by Condorcet himself;〔''Essay on the Application of Analysis to the Probability of Majority Decisions'' ((online )); see in Wikipedia: Condorcet method and Condorcet's paradox〕 two-turn preferential elections, at fixed dates, the first turn to form the list of candidates to be presented and who are definitively elected during the second turn; * exterior relations and war; * the revision of the constitution by way of a national convention independent from the legislative body; * philosophical conclusion on the objectives of the constitution; summary of the principles and motives of its authors; 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Girondin constitutional project」の詳細全文を読む スポンサード リンク
|