Motto of the Republic as object of constitutional regulations in France

Abstract

The national motto is one of the symbols of state sovereignty, along with the anthem, flag, coat of arms, etc. In this capacity, the motto performs ideological and political functions, demonstrating the national idea and determining state policy. But in addition to this, a national motto can also have important legal significance, serving as one of the criteria for respecting human rights and freedoms. The motto of modern France, “Liberty, equality, fraternity,” is an interesting example of normative prescriptions that give rise to legal consequences. The French national motto arose during the revolution of 1789. Throughout the 19th century it gradually took root in the public consciousness, eventually becoming the official symbol of the Republic in 1880. Since the emergence of the Constitutional Council in France (in 1959), the principles of the motto have been consistently interpreted through the practice of constitutional normative control. The principle of freedom is understood as the state’s non-interference in the private lives of citizens and at the same time as its duty to create conditions for the realization of their rights. The principle of equality is also revealed in two aspects: as the prohibition of discrimination and as the equality of all citizens before the law. The principle of fraternity received a constitutional interpretation in 2018. It means the highest solidarity and mutual assistance between people. Thus decisions of the Constitutional Council turned the solemn words of the national motto into legal norms. Today the motto is part of the French constitutional block; the laws of parliament must comply with the principles of freedom, equality and fraternity. 

The presented article uses historical, analytical, dialectical, comparative and dogmatic methods. Using the example of France, the author shows the legal nature of the national motto, its role and significance in the mechanism for the protection of human rights and freedoms. France’s experience in constitutionalizing state symbols can be taken into account in Russia, where there is no national motto nowadays.

References

1. Karasyov, A.B. (2017). Ancient prototypes of the mottos on coins of English-speaking countries and their cognitive analysis. Indo-European linguistics and classical philology, T. XXI, pp. 371–377 (in Russ.).
2. Kalish, D.B. (2021). Specificity of the interpretation of constitutionality in the Fifth Republic in France. Comparative constitutional review, 3 (142), pp. 125–140 (in Russ.).
3. Karpenko, K.V. and Evmenieva, A.D. (2014). The specificity of the current religious and legal regime in Alsace and Lorraine. Journal of foreign legislation and comparative law, 5 (48), pp. 832–845 (in Russ.).
4. Karpenko, K.V. (2013). The evolution of the notion of the Constitution in V Republic in France. «Black holes» in Russian legislation, 6, pp. 9–15 (in Russ.).
5. Laviss, E. and Rambo, A. (1902). The history of the French revolution 1789– 1799. St. Petersburg (in Russ.).
6. Laboulaye, E. (1870). The history of the United States. St. Petersburg (in Russ.).
7. Lapshin, I.S. (2023). State motto: concept, importance and kinds. Theory and practice of social evolution, 3, pp. 132–135 (in Russ.).
8. Solovyov, A.A. (2017). The specificity of the constitutional control in French Republic. Administrative and municipal law, 6, pp. 1–14 (in Russ.).
9. Shukunda, S.Z. (2016). State mottos of the USA: origin and ideological grounds. Current problems in the humanities and natural sciences, T. 4, 1, pp. 177–183 (in Russ.).
10. Andriantsimbazovina, J. (2011). La conception des libertés par le Conseil constitutionnel et par la Cour européenne des droits de l’homme. Nouveaux cahiers du Conseil constitutionnel, 32 (in Fr.).
11. Cottereau, M. (2020). Le principe juridique de fraternité comme principe robuste de solidarité. De la redistribution des richesses dans un système libéral. Revue interdisciplinaire d’études juridiques, Vol. 85, pp. 25–63 (in Fr.).