Extract
[...] This is the establishment of the constitutional monarchy. This Constitution enshrines the sovereignty of the Nation and determines the organization of the different powers of the State. Regarding the Legislative, we note that the elaboration of general legal norms appears to the Constituents as the primary function of the State as soon as it is regularly constituted. This elaboration is entrusted to an assembly whose members are elected by censitary suffrage. To ensure the respect of the separation of powers that underlies this Constitution, various provisions formally prohibit holders of one power from assuming functions belonging to others. [...]
[...] The Constitutional Council was first an arm against the deviation of the parliamentary regime. In his speech delivered on August before the general assembly of the Council of State, Michel Debré, then Keeper of the Seals, noted that the Constitutional Council is only an 'arm against the deviation of the parliamentary regime'. The Constitutional Council is responsible for preventing deviations from the parliamentary regime through the control of the election of parliamentarians, the control of the rules of operation of the Chambers and the delimitation of the scope of the law. [...]
[...] The Constitutional Council was then entrusted with ensuring the respect of the delimitation between the two domains. In addition, the Constitutional Council appears today as the organ responsible for verifying the conformity of laws to the Constitution. Long estranged from constitutional tradition, the control of the constitutionality of laws has contributed to the stability of government teams. It was then a fairly significant change in a country dominated by legalism, in a country where it was considered excluded to submit the law, the expression of the general will, this voted act by Parliament, to a judicial body. [...]
[...] The Constitution of 1946 is the first Constitution to practice rationalized parliamentarism. This Constitution also brings a major innovation in terms of challenging legislative centrism in France. In fact, a form of draft of constitutional control is introduced with the Constitutional Committee, which can examine whether the laws voted by the National Assembly require a revision of the Constitution (article 91). Despite all its good intentions, the Constitution of 1946 was unable to prevent a return to the contested practices of the previous regime, namely the regime of the III Republic. [...]
[...] The Parliament in Great Britain, composed of the sovereign, the House of Lords and the Commons, is at the center of the institutions: its attributions are in fact consequences because they can legislate in any field without being subject to any control. Note that the parliamentary regime is born in the British monarchy and is established when the British sovereigns cease to exercise an active role and leave it to the Government and Parliament. Bibliography : P. Bodineau and M. Verpeaux, Constitutional History of France, coll. like to know?'. B. Chantebout, Constitutional Law, Sirey, coll. 'University', 34and éd., 2017 J.-J. Chevallier, History of Institutions and Political Regimes of France from 1789 to 1958, Paris, Dalloz, 2009 V. [...]
