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This book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries’ distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.
The book focuses, in a practical and realistic sense, on what is known in the language of the legal profession as strategic litigation, i.e., a litigation that privileges the selection of paradigmatic cases and the prioritization of situations and cases with a clear differential approach, within the constitutional landscape.
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