Democratizing judiciary power. The constitutional debate about the jury populaire in the Second French republic (18
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
The authors retain all rights to the original work without any restrictions.
The issues are distributed under the terms of the Creative Commons Attribution ShareAlike 4.0 International License (CC BY-SA 4.0) which allows re-distribution and re-use of a licensed work on the conditions that the creator is appropriately credited and that any derivative work is made available under “the same, similar or a compatible license”.
DOI:
https://doi.org/10.63277/gsc.v41i.4526Keywords:
Popular jury, Democracy, Tocqueville, 1848, French Second Republic.Abstract
This essay reconstructs one of the least studied aspects of the political and constitutional debate in France during the Second Republic (1848-1852), i.e. the one relating to the judiciary and its ‘democratization’ by means of popular jury. Starting from the previous debate about this topic, in which a relevant role was played by Tocqueville’s Democracy in America, the constituents initially tried to make judiciary power more ‘popular’ and ‘democratic’; the events related to the civil war that broke out in Paris at the end of June 1848, however, led them, on this as well as on other issues, to ultimately take a much more conservative position.
