The principle of “natural judge” in the French and Italian Restoration constitutionalism

Authors

  • Paolo Alvazzi del Frate Universidad de "La Sapienza"

DOI:

https://doi.org/10.17811/hc.v0i3.173

Keywords:

natural judge, French Revolution, french constitutionalism, italian restoration

Abstract

We pretend to show the importance of the principle of “natural judge”, that is the lawful judge foresaw before the offense, in the European constitutionalism of the XIXth century. That principle was firstly formalized in the French Revolution, and the it was exported to other Constitutions during the Restoration, as a fundamental aspect of the judicial guarantees.

Submission date: 22/11/2001
Acceptance date: 02/03/2002

Author Biography

Paolo Alvazzi del Frate, Universidad de "La Sapienza"

Professore associato di storia del Diritto medievale  e moderno all’Università di Roma “La Sapienza”. Ha pubblicato saggi sulla storia degli ordinamenti giudiziari in età moderna, sulle storia delle  Università e sulla teoria dell’interpretazione.

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Issue

No. 3 (2002): Historia Constitucional N. 3 (2002)

Section

Europe

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