Konstantin V. Karpenko

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.