The Executive Power and the Justice in France, the failure of the Judiciary Power under the Revolution
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DOI:
https://doi.org/10.63277/gsc.v28i.4847Keywords:
Judge, Court, Executive Power, Judiciary Power, independence of JusticeAbstract
By claiming the existence of a « Judiciary Power », French Revolutionary People wanted to pre- vent the Executive Power (i.e. the King between 1789 and 1792) from appointing the Judges and managing the Courts. However, the relations between Executive and Judiciary Power were not abolished, as it is proved by the survival of a Ministry of Justice and of assistants of the public prosecutor appointed by the Executive. During the Revolution, the pressure grows on the judges and courts from the Committees of the Convention, then from those of the Executive Directoire. How to interpret this failure of the Judiciary Power and the permanent link, from then to nowadays, between the Executive Power and the judges in France?
