The French Revolution - Volume 1 by Hippolyte Taine
page 318 of 535 (59%)
page 318 of 535 (59%)
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it is reserved to the individual.
On the contrary, in the declaration of the national Assembly, most of the articles are abstract dogmas,[37] metaphysical definitions, more or less literary axioms, that is to say, more or less false, now vague and now contradictory, open to various interpretations and to opposite constructions, These are good for platform display but bad in practice, mere stage effect, a sort of pompous standard, useless and heavy, which, hoisted in front of the Constitutional house and shaken every day by violent hands, cannot fail soon to tumble on the heads of passers by.[38] - Nothing is done to ward off this visible danger. There is nothing here like that Supreme Court which, in the United States, guards the Constitution even against its Congress, and which, in the name of the Constitution, actually invalidates a law, even when it has passed through all formalities and been voted on by all the powers; which listens to the complaints of the individual affected by an unconstitutional law; which stays the sheriff's or collector's hand raised against him, and which above their heads gives judgment on his interests and wrongs. Ill-defined and discordant laws are proclaimed without any provision being made for their interpretation, application or sanction. No means are taken to have them specially expounded. No district tribunal is assigned to consider the claims which grow out of them, to put an end to litigation legally, peacefully, on a last appeal, and through a final decision which becomes a precedent and fixes the loose sense of the text. All this is made the duty of everybody, that is to say of those who are disposed to charge themselves with it, - in other words, the active minority in council assembled. - Thus, in each town or village it is the local club which, by the authorization of the legislator himself, becomes the |
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