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I will explain exactly what it means as a judge because this
declaration is incorporated in our constitution. This declaration is
applied by the judges: all citizen has the right to take part
personally in the role and representative in its making.

Furthermore, article 15 says that society has the right to ask a
2
public official for an accounting of his administration and article 16,
the most important to see the spirit of Montesquieu, states that
any society in which no provision is made for guaranteeing rights or for
3
the separation of powers, has no Constitution .
In the Article 6 you see the spirit of Jean Jacque Rousseau;
law is the expression of general will, and in Article 16, the spirit of
Montesquieu. Both of them has inspired the writer of this
declaration. In France, we began from the first stage or first point
which I call “Legal State” (Etat Légal). This is not exactly rule of
law. There is a movement as we go into constitutional state
th
between the mid-19th century to mid-20 century. At this stage,
the system corresponds to voluntary restraint, self-limitation of
the state. This declaration is purely formal when submitting to law
as law passed by parliament and the State considers and observes
rule of law in all its proceedings. In this concept for us, non-
government actions can’t exist without being prescribed by law
passed by parliament. You see only legal state law. The second
stage is that the State cannot exist without compliance with the
constitution and this stage is what I call constitutional state law.

We begin by first law, legal state. There is one principle and
one limit. One principle is the principle of share of norm. In early
1930, Hans Kelsen, writer of “Pure Theory of Law” (1934), spoke
of Rechtsstaat, Max Weber, as early, highlighted what he called
“Legal Domination”; legal domination characteristic of the legal
state in his book “Economy and Society”. You know the word, in
this legal state, legal state refers to purely formal notion in which
law is only intended to provide a set of norm and thus, social
norm as the principle. Legal state is bound to applied law and it
also bound to apply a standard as seem as a neutral standard.

2 Ibid

3 Ibid

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