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Consider especially, a precise and sole purpose is common good.
The first system, therefore, serves only to describe what we have
called “Etat de droit”, the situation in which the State has only
responsibility in the principle of legality. According to writer
inspired by this conception, French writer in 1922, Carré de
Malberg, this system of legal state is the most complete; not only
that the State must respect law but it also allows to decide in order
to implement law based by the parliament or other authorization.
This is the range of sovereignty of the law. There is no need to
point out that this situation involves many problems, the system
of legal state has led to exist. Carr? de Malberg has described the
use as absolute parliamentalism; a kind of easy monitor tends to
become diverse from society.

So, confiscate trade is the sole will of the parliament. Legal
state frame let to the worst time of our history which has ever
known. This context explains that in contrast and to prevent such
consequences, the French’s declaration of human rights guarantees
citizen’s rights, the right to selection, the right to resistance to
oppression. So, in fact, this legal state system reaches the first
issue; the first limit which is encountered by any parliament in the
world. In any country, the institution of parliament has never been
by itself, which means sufficient to establish a state that respect
freedom.

While no national parliament opposes to that system, all
national parliaments fight against fascism. In addition, and above
all, legal state doctrine could tell the limit even in democratic
system. Law passed by parliament may not express only the
general will. The parliament may no longer express the general
will but review the domination of this decision of political
majority on the minority. The situation where the political
majority crushed political minority was what happened to French
constitution council, French constitutional court in 1985 when it
was ruled that law expressed the general will but only in respect
for the constitution. It was a real change.

Therefore, we have passed to the second level; the level of
Constitutional State with the principle and limit. The principle is
usually the separation of power. This constitutional state

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