Constitution, constitutional law, rule of law, separation of powers, continuity of the State, public service, freedom of contract, fraternity, protection of rights, prevention of arbitrariness, constitutional control, fundamental rights, freedoms of citizens, organization of public powers, balance of powers, constitutional question, Fifth Republic Constitution, French Revolution, supreme norm, reference norm, constitutional revision, governance, parliament, treaties, constitutional council, jurist, law professor, Dominique Rousseau, Charles de Gaulle, presidential system, parliamentary system
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Abstract
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Abstract
The constitution is a foundational legal document that organizes societal life, limits power, and protects individual rights and freedoms.
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[...] Finally, it goes against the will to power (it seeks to avoid power falling into the hands of one person, with norms and rules governing the government, parliament, treaties, constitutional revision, etc.) - The constitution represents and opposes the the will of reason : more than wanting, the constitution must allow to reflect, to judge, to think, to analyze. It is a whole. - It allows for a certain legal security and national sovereignty. The constitution as force and constraint - Presence of the lexical field of the coercition/de l'obligation in the verbs used by Dominique ROUSSEAU: "contraint", "force", "impose" The constitution is omnipotent and omnipresent. [...]
[...] It is a true foundation for all laws. It specifies the principles/values on which the French legal order is based. - The constitution refers to the right to itself : The constitution sets limits on the right in general (what is acceptable and what is not) These limits/barriers prevent arbitrariness and ensure that rights are not violated by abuses of power. II- A constitution that is both protective and constraining The constitution is both protective since it allows for fighting against abuses and arbitrariness and constraining since it has a certain force The constitution, a system of fighting against abuses and arbitrariness - The constitution allows for to fight against abuses + protection against arbitrariness. [...]
[...] Constrictive value of the constitution. - Highlighting of the value of the constitution : It is said that the constitutional value is for certain principles established by the Constitutional Council on the basis of the constitution the principle of separation of powers, the continuity of the State and the public service, the freedom of contract or the fraternity etc.) - The constitution is the supreme norm, the reference norm. It is therefore binding on lower norms. [...]
[...] The birth of the French Constitution is inscribed in the context of the great French Revolution. The demands of citizens were those of popular sovereignty, equality of rights, or even the separation of powers. These demands led to the adoption of the 1791 Constitution, the first of a great series of French constitutional texts. The stakes of the constitution are numerous: they range from the organization of public powers to the balance of powers while including the guarantee of citizens' rights and freedoms as well as constitutional control. [...]
[...] It is in this line that the jurist and law professor Dominique Rousseau became interested in the constitution, particularly in his work Politiques et Sociétés dated from 2000. It will be necessary to be interested in the part 'Question de constitution'. The constitution is defined by the Constitutional Council as being a founding act by which a society constitutes an identity and decides on the desired social order. In particular, it consecrates fundamental rights and freedoms and defines the modalities of their protection." More generally, the constitution refers to a set of legal texts defining the institutions of the State and organizing the relations between them. [...]
