On July 6, 2018, the Constitutional Council rendered a striking decision.
In the name of the principle of "fraternity", a concept that had never been well defined in law until now, he considered that a citizen was free
"to help others, for humanitarian purposes, regardless of the regularity of his stay in the national territory”.
The decision (more complex than it seems, as always in law) targeted
“farmer-activist”
Cédric Herrou.
From that day, the principle of fraternity became a
“constitutional principle”
of which the Sages made an interpretation which recalls the parliaments of the Old Regime when they embroidered on “
the ancient constitution of the kingdom
”.
The very fine essay by Alexandre de Vitry allows us to be convinced of this.
Since the work of Marcel David, we have rarely read such a fine and stimulating study on the subject of the principle of fraternity.
The author mobilizes both political history and literary history (Baudelaire, Sade, Flaubert, Péguy, Malraux, Gary, etc.)…
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