The reorientation of place legislation in England in the 1690s

Summary

Mediating Conflict in the Swiss Diets of the Fifteenth and Sixteenth Centuries

The Helvetic Confederation developed in the fourteenth and fifteenth centuries as a web of alliances between the most important urban and peasant republics (Orte) in the area of present‐day Switzerland. The only form of mediating conflicts laid down in the alliances was by tribunals of arbitration; but these were never recognised by all the Orte in the web of alliances and proved inadequate in the face of growing antagonisms and coalitions throughout the Confederacy. It became necessary to have recourse to political arrangements involving the interested parties. The forum for these arrangements was the Diets, meetings of deputies of all members of the Confederacy. These more or less represented the most important political forces. Difficulties arose only when there was no consensus in individual Orten and when the official deputies to the Diet represented only the magistrates (Obrigkeiten). In such cases it could happen, especially in matters of foreign policy, that individual groups went their own way and thwarted the decisions of the Diet. It usually took a long time to arrive at a consensus in the Diets because the deputies were bound by an ‘imperative mandate’ and the minority would mostly not accept the will of the majority. In the fifteenth and sixteenth centuries participation and the achievement of consensus were the conditions of joint action of the Helvetic Confederation.     

Émile Lousse: A personal appreciation

It is well known that nineteenth-century France can be regarded as a laboratory of political experimentation. From the perspective of constititutional history, it was in the course of the 1848 Revolution that the first cycle of experiments was completed (1791–1848). Alphonse de Lamartine's celebrated speech to the National Assembly in favour of the direct election of the President of the Republic has its place within this framework. It also merits detailed analysis because it heralds a new political era. Parts of the speech throw light on Lamartine's project, his ideas about the politics of the people and about the man who should lead it. A study of the speech reveals some surprises. One is dealing with a strange mixture of notions about public law, of romantic ideas, and of oriental prophecies. Yet, by an irony of history, the speech was to facilitate the accession to power of Louis Napoleon Bonaparte. In the presidential election of 10 December, the nephew of Napoleon I obtained more than five million votes, whereas Lamartine had fewer than 18,000. The significance of this episode is not limited to Lamartine's personal failure. It invites reflection on the romantic roots of the strong presidential model. Thanks to the support of France's most famous poet, the idea of a linkage between the people and its leader was to take root in Western political culture extending beyond the time span of the second phase of Bonapartism.