all positive forms. Even if the Nation had held regular sessions of the Estates-General,
it would not be up to this constituted body to pronounce
upon a dispute affecting its own constitution. To do so would be a petition
of principle or a vicious circle.
The ordinary representatives of a people are entrusted with exercising,
according to constitutional forms, that portion of the common will that
is necessary for good social administration. Their power is confined to
matters of government.
Extraordinary representatives have whatever new powers it pleases the
Nation to give them. Since a great nation cannot in real terms assemble
every time that extraordinary circumstances may require, it has, on such
occasions, to entrust the necessary powers to extraordinary representatives.
If it really could assemble before your very eyes and express its will, would
you dare to challenge that will simply because it was couched in one form
rather than another? Here reality is everything and form nothing.
A body of extraordinary representatives is a surrogate for an assembly
of that nation. Doubtless it does not need to be entrusted with the plenitude
of the national will. All it needs is a special power and even this only
in rare cases. But it is a surrogate for the Nation in its independence from
all constitutional forms. Here it is not so necessary to take as many precautions
against the abuse of power. Representatives of this kind are deputed
to deal with a single matter for a limited time. I emphasize that
they are not to be subject to the constitutional forms on which they have
to decide. In the first place, this would be contradictory because these
forms are in dispute, and it is up to them to settle them. Secondly, they
have nothing to say about matters for which positive forms have been
fixed. Thirdly, they have been put in the place of the Nation itself as if it
was it that was settling the constitution. Like it they are independent. It is
enough for them to will as an individual would will in the state of nature.
Regardless of how they might have been deputed, how they assembled or
deliberated, and provided that no one is ignorant that they are acting by
virtue of an extraordinary commission from the people (and how could
the nation that entrusted them ever be ignorant?), their common will has
the same worth as that of the nation itself.
I do not mean to say that a nation cannot entrust its ordinary representatives
with the type of new commission here in question. The same
individuals can undoubtedly gather together to form several different
bodies and, by virtue of special proxies, successively exercise powers that
by nature should not be conflated with one another. But it is still the case
that an extraordinary representation has no similarity to an ordinary leg islature
all positive forms. Even if the Nation had held regular sessions of the Estates-General,it would not be up to this constituted body to pronounceupon a dispute affecting its own constitution. To do so would be a petitionof principle or a vicious circle.The ordinary representatives of a people are entrusted with exercising,according to constitutional forms, that portion of the common will thatis necessary for good social administration. Their power is confined tomatters of government.Extraordinary representatives have whatever new powers it pleases theNation to give them. Since a great nation cannot in real terms assembleevery time that extraordinary circumstances may require, it has, on suchoccasions, to entrust the necessary powers to extraordinary representatives.If it really could assemble before your very eyes and express its will, wouldyou dare to challenge that will simply because it was couched in one formrather than another? Here reality is everything and form nothing.A body of extraordinary representatives is a surrogate for an assemblyof that nation. Doubtless it does not need to be entrusted with the plenitudeof the national will. All it needs is a special power and even this onlyin rare cases. But it is a surrogate for the Nation in its independence fromall constitutional forms. Here it is not so necessary to take as many precautionsagainst the abuse of power. Representatives of this kind are deputedto deal with a single matter for a limited time. I emphasize thatthey are not to be subject to the constitutional forms on which they haveto decide. In the first place, this would be contradictory because theseforms are in dispute, and it is up to them to settle them. Secondly, theyhave nothing to say about matters for which positive forms have beenfixed. Thirdly, they have been put in the place of the Nation itself as if itwas it that was settling the constitution. Like it they are independent. It isenough for them to will as an individual would will in the state of nature.Regardless of how they might have been deputed, how they assembled ordeliberated, and provided that no one is ignorant that they are acting byvirtue of an extraordinary commission from the people (and how couldthe nation that entrusted them ever be ignorant?), their common will hasthe same worth as that of the nation itself.I do not mean to say that a nation cannot entrust its ordinary representativeswith the type of new commission here in question. The sameindividuals can undoubtedly gather together to form several differentbodies and, by virtue of special proxies, successively exercise powers thatby nature should not be conflated with one another. But it is still the casethat an extraordinary representation has no similarity to an ordinary leg islature
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