Extract
[...] The constitutional justice guarantees democracy By constitutional justice, the constitution guarantees democracy and thus the general will. A. The constitutional judge, actor of the general will Today, the constitutional judge makes it possible to control laws that are the legal expression of current political choices, choices that may relate to an essential element of the program of the majority in place. He therefore participates in the production of the law, unlike a parliamentary assembly or an organ with a veto power, which does not pronounce itself opportunistically. [...]
[...] For Tocqueville, in "De la démocratie en Amérique the power granted to American courts to rule on the unconstitutionality of laws still forms one of the most powerful barriers ever erected against the tyranny of political assemblies. « All societies in which the guarantee of rights is not assured nor the separation of powers determined have no Constitution. » For Robert Badinter "in so far as this Declaration is, and must remain, the foundation of our legislation, the control of constitutionality is imposed». Thus, speaking of the guarantee of rights is not enough, it is still necessary to ensure it, and to ensure it, a constitutional control is required. [...]
[...] In addition to Article 4 of the Constitution of 4 October 1958, this prescribes to parties and political groups to 'respect the principles of national sovereignty and democracy ». Thus the constitution is here a guarantee of democracy. But even more explicitly, it wants to be a guarantee of the general will, article 6 is a perfect example 'The law is the expression of the general will.' B. Positivists and realists, the opposition of gender As with any written text, the constitution is subject to various interpretations. For followers of legal realism, the constitution is a simple collection of words. [...]
[...] It is the opinion that expresses a citizen on a matter of general interest. The subject treated is interesting, because one could ask oneself of what right a judge could oppose the will of parliamentarians representing our nation, in the case for example of a bill against abortion. Thus, the demonstration will aim to demonstrate the importance of the representative value of the constitution and highlight that constitutional justice is a guarantee of democracy. In a first part, the demonstration will treat the constitution and the interpretation of its value, and in a second part, how constitutional justice is a guarantee of our democracy. [...]
[...] Constitutional Justice and Expression of the General Will, Conflict or Complementarity? Subject: Constitutional Justice and Expression of the General Will, Conflict or Complementarity? Pierre Mayraud, president of the Constitutional Council will tell us, 'The respect of the constitution is not a risk, but a duty », Thus, the general will must respect the constitution. This subject will call on us to ask if constitutional justice and the expression of the general will are complementary or in conflict? To understand the problem posed, several notions need to be defined. [...]
