The Rule of Law and Democracy in France: An Analysis of Fundamental Freedoms
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Rule of Law, Democracy, Fundamental Freedoms, French Constitution, Representative Model, Human Rights
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Abstract
This document provides an in-depth analysis of the relationship between the rule of law and democracy in France, exploring the concept of fundamental freedoms and their consecration in the French Constitution. Written for a law course, this analysis delves into the complexities of the representative model and its failure to channel the aspirations of the population, raising questions about the scope of the democratic regime within the rule of law.
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[...] For example, the revision of the Constitution must in the French case follow the procedure provided for in Article 89 of the Constitution, which involves, depending on the case, the representatives of the people (the National Assembly and the Senate), or addresses the people directly through a referendum. These practices and procedures of liberal democracy are not accepted by the opponents of this form of government who advocate the primacy of decision over deliberation. Carl Schmitt affirms in this context that 'the political is not the place of negotiation, but of affirmation and decision. [...]
[...] If there is no consensus today on the definition of democracy, several authors nonetheless agree to draw up a list of the requirements of this form of government. For Guy Hermet, the starting point lies in the establishment of rules based on trust between the protagonists of politics who must accept the rules of peaceful struggle for power. "The second imperative concerns the effective scope of popular sovereignty?Finally, the third requirement, that of respect for human rights, seems to go without saying"1. On the other hand, democracy can take several forms. It can be direct, semi-direct or representative. [...]
[...] II) Democracy and the material aspect of the rule of law Democracy in a rule of law state 'seeks to prevail the will of the majority. It is based on universal suffrage and involves both the pluralism of political formations and the freedom of citizens and groups'8. It follows that the rule of law consecrates fundamental freedoms for a real exercise of democracy and provides mechanisms for the protection of these freedoms The consecration of fundamental freedoms Human rights have been proclaimed in the Declaration of the Rights of Man and of the Citizen as 'natural, inalienable, and sacred rights' These rights are in the spirit of the drafters of the declaration the very foundation of democracy. [...]
[...] Even the law, expression of the general will, must be in conformity with it. The Constitutional Council, moreover, ensures respect for the Constitution by controlling the constitutionality of laws. The French administrative judge has repeatedly affirmed the principle of the supremacy of the Constitution, which even applies to treaties, considering that 'the supremacy thus conferred on international commitments cannot impose itself, in the internal order, on constitutional provisions' (CE October 1998). This supremacy, according to the constitutional judge, concerns the entire block of constitutional legality, composed not only of the 1958 Constitution, but also of the Declaration of the Rights of Man and of the Citizen of 1789, the Preamble to the Constitution, the fundamental principles recognized by the laws of the Republic and the environmental charter. [...]
[...] In order to ensure the effectiveness of these freedoms, their violation is punishable by sanctions from the judge. [...]
