ABSTRACT

The fundamental crisis institution of the French Republic is the famed etat de siege, the state of siege. The state of siege is eminently a product of history and eminently an institution in law. The history of the modern state of siege begins with the collapse of the July monarchy and the accompanying demise of the Charte of 1814 as France's fundamental law. The individual acts of the authorities are, to be sure, only indirectly restrained by parliamentary surveillance, and this would seem to conform to the theory of the state of siege in particular and emergency government in general. The individual acts of the authorities are, to be sure, only indirectly restrained by parliamentary surveillance, and this would seem to conform to the theory of the state of siege in particular and emergency government in general. The constitutional scheme and the Republic are to be maintained, not impaired by the state of siege.