Lucia Rubinelli

Historians and political theorists have long been interested in how the principle of people’s power was conceptualised during the French Revolution. Traditionally, two diverging accounts emerge, one of national and the other of popular sovereignty, the former associated with moderate monarchist deputies, including the Abbé Sieyes, and the latter with the Jacobins. This paper argues against this binary interpretation of the political thought of the French Revolution, in favour of a third account of people’s power, Sieyes’ idea of pouvoir constituant. Traditionally, constituent power has been viewed as a variation of sovereignty, but I show it to be an independent conceptualisation of people’s power. Sieyes’ political theory led him to criticise and refuse contemporary theories of sovereignty in favour of what he understood as a fully modern account of people’s power. Based on extensive research in the archives, I show how Sieyes opposed the deployment of sovereignty by the revolutionary Assemblies and reco...

ABSTRACTPolitical theorists recently focused their attention on the history of the idea of constituent power. This, they claim, shows that the notion of pouvoir constituant expressed the radical and absolute power of the sovereign people. In other words, constituent power pointed at the democratic and irresistible core of popular sovereignty. In this paper, I argue that the analysis of nineteenth-century French political thought offers a different account of constituent power’s history. Relying upon archival resources, I show that in the aftermath of the French Revolution politicians and legal scholars used constituent power to tame the very idea of sovereignty and the powers from it derived. First, during the Restoration constituent power was used to pose a limit to the power of the monarch. Second, throughout the July Monarchy scholars resorted to constituent power to oppose the Parliament's claim to be the sovereign power and the only legitimate author of the constitution. Moreover, they also used it to claim that claim that, even if the people was sovereign, its power was restricted to authorizing the constitution. Third, during the Second Republic, jurists and politicians addressed the people’s sovereign power in terms of constituent and constituted power. While the first was meant to disappear after the constitution’s approval, the second was a second-order power limited by the hierarchy of norms and the rigidity of the constitution.