The King of France and the Parlement of Paris

The principle of division of powers into legislative, executive and judicial branches is considered the main feature of a democratic Stategoverned by the rule of law. At the same time, an independent judicial power is the main attribute of a true state structure. However, outside of Western European countries, compliance with this principle runs into problems. The reason for this situation is related to the peculiarities of the formation of Western European states. The process of formation of national monarchies in Europe since the 13th century was closely related to the previous seigneurial period. Unlike the previous tradition in historiography, the current consensus of historians boils down to the recognition that feudalism did not contradict a strong state, but, on the contrary, led to its appearance. At the first stage, the king did not differ in his powers from other lords, secular and ecclesiastical. Dispersion of power and polycentrism were the main features of feudalism. There was no division into private and public law.In this regard, all the basic norms of law, institutions of power and methods of government were taken by the monarchy from the seigneurial period. In order to strengthen their own power and expand the competence of the royal administration, it was necessary to stand at the head of the public structure, gain the confidence of the people and take over the main public functions. The mission of the King, the supreme judge and peacemaker, defender of everyone’s rights and the last refuge for all, played a key role in this process. The trial was based on the sacred concept of justice developed by the Church, as well as on Roman law reinterpreted by the legists. The cult of justice in the West in the Middle Ages contributed to the formation of a specific type of state. The formation of a social group of lawyers and judicial officials, acting based on their own understanding of the common good of the country, brought back the principle of polycentrism as an integral feature of the Western European political structure in a new round

Appeal · Democracy · Feudalism · Monarchy · Separation of powers · Supreme court · Evolving Legal Systems and Governance · Historical Economic and Legal Thought · Historical Legal Studies and Society