Omar Bennett
The Constitutional Council is a court with the authority to rule on the constitutionality of laws, treaties, and international agreements. It is the highest constitutional authority in France, established by the Constitution of the Fifth Republic on 4 October 1958. The council is comprised of nine members, appointed for nine-year terms, who are referred to as the wise. The council's main activity is to determine whether proposed statutes conform with the Constitution and it has the power to nullify any vote by the National Assembly that undermines the country's political unity or administrative management.
| Characteristics | Values |
|---|---|
| Number of Members | 9 (France) or 11 (Cameroon) |
| Term Length | 9 years (France) or 6 years (Cameroon) |
| Appointment | Appointed by the President, National Assembly, and Senate (France and Cameroon) |
| Powers | Rules on constitutionality of laws, treaties, and international agreements; interprets the constitution; supervises elections |
| Jurisdiction | France or Cameroon |
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What You'll Learn
The Constitutional Council interprets the constitution
The Constitutional Council is a court vested with various powers, including the review of the constitutionality of legislation. It is the highest constitutional authority in France, established by the Constitution of the Fifth Republic on 4 October 1958. The Council ensures that constitutional principles and rules are upheld and interprets the fundamental meanings of the constitution, procedure, legislation, and treaties. It is comprised of nine members, appointed for nine-year terms, who are referred to as "the wise."
The Constitutional Council's interpretation of the Constitution guides its rulings on the constitutionality of laws, treaties, and international agreements. It also rules on internal regulations and conflicts of competence between state institutions, regions, and between the state and regions. The Council's decisions are final and have authority over all instituted powers stipulated in the Constitution.
Citizens can raise the question of unconstitutionality of laws or decisions of state institutions, and if the Supreme Court finds the complaint valid, it is forwarded to the Constitutional Council. Since 1 March 2010, individual citizens who are party to a trial or lawsuit have been able to request the Council to review the constitutionality of the law applied in their case. This review process is known as a "priority preliminary ruling on the issue of constitutionality."
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It can nullify votes by the National Assembly
The Constitutional Council is a court vested with various powers, including the review of the constitutionality of legislation. It is the only competent institution with the authority to nullify any vote by the National Assembly that goes against the principle of safeguarding the independence, sovereignty, and territorial integrity of the nation. This means that if the National Assembly's vote undermines political unity or administrative management, the Constitutional Council can intervene and overturn the decision.
The Constitutional Council is not a supreme court and is not hierarchically superior to other courts. It is composed of nine members who are appointed for nine-year terms. These members are chosen from among high-ranking individuals of Khmer nationality, aged 45 or older, with advanced degrees in relevant fields and extensive professional experience. The members are appointed by the President of the Republic, the President of the National Assembly, and the President of the Senate.
The Council's main activity is to rule on whether proposed statutes conform with the Constitution. It can examine the constitutionality of laws before or after their promulgation, except for specific cases like organic laws and the rules of procedure of the National Assembly, which must be examined beforehand. The Council can also interpret the fundamental meanings of the Constitution, legislation, and treaties, ensuring that laws and dispositions are in line with constitutional principles and the country's commitments under treaties like the European Convention on Human Rights.
In addition to its role in upholding constitutional principles, the Constitutional Council also supervises elections and ensures the legitimacy of referendums. It rules on complaints and litigations related to elections, including those concerning electoral rolls and campaigns. The Council can declare an election invalid if it finds that the winning candidate used improper methods or exceeded campaign spending limits.
Citizens can also raise questions about the constitutionality of laws or decisions of state institutions. If a lower jurisdiction receives such a complaint, it is forwarded to the Supreme Court. If the Supreme Court deems the complaint valid, it is then sent to the Constitutional Council for review.
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The council decides on complaints from citizens
The Constitutional Council is the highest constitutional authority in France, established by the Constitution of the Fifth Republic on 4 October 1958. It is tasked with ensuring that constitutional principles and rules are upheld. The Council is composed of one President and eight members, with the President being elected every three years.
One of the key functions of the Constitutional Council is to rule on complaints and litigations related to elections. During elections for the National Assembly and the Senate, the Council examines and decides on complaints from citizens and political parties contesting the decisions of the National Election Committee (N.E.C.). The Council has the authority to rule on disputes related to initial electoral rolls, as well as complaints that arise during electoral campaigns.
The Council also plays a crucial role in interpreting the fundamental meanings of the constitution, legislation, and treaties. It can declare dispositions of laws that are contrary to the Constitution or the principles of constitutional value. For example, the Council ensures that laws conform with the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, which outline constitutional rights.
In addition, the Constitutional Council can be seized of applications for a priority preliminary ruling on the issue of constitutionality. When this occurs, the Council must rule within one month, or eight days in urgent cases. During this process, the involved parties are granted the opportunity to present their observations and file responses.
The Constitutional Council is a vital institution that safeguards the constitution and protects the rights of citizens by ensuring that the laws and decisions of state institutions align with constitutional principles and values.
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It rules on the constitutionality of laws
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to uphold constitutional principles and rules. It is based in the Palais-Royal in Paris.
The Constitutional Council rules on the constitutionality of laws, reviewing whether proposed statutes conform with the Constitution. This is known as a 'priori review'. The Council can examine the constitutionality of laws before or after their promulgation, except for organic laws and the rules of procedure of the Senate and National Assembly, which must be examined before promulgation or implementation. The Council must rule within one month of seizing the proceedings concerning the constitutionality of a law, or within eight days in urgent cases.
The Constitutional Council can also examine the constitutionality of dependent territory laws adopted by the Congress of New Caledonia. It may also be seized of an international commitment prior to its ratification or approval.
Since 1 March 2010, individual citizens who are party to a trial or lawsuit have been able to request that the council review the constitutionality of the law applied in the case. This is known as a 'posteriori review'. Citizens can raise the question of unconstitutionality outside of court through the President of the Senate, the President of the National Assembly, one-fourth of the senators, or one-tenth of the National Assembly members.
The Constitutional Council is not a supreme court and is not hierarchically superior to the Cour de Cassation or the Conseil d'État. It is comprised of nine members who are appointed for nine-year terms by the President of the Republic and the presidents of each of the Houses of Parliament (National Assembly and Senate).
The Constitutional Council of Cameroon is a newer institution, established in 1996, which also rules on the constitutionality of laws, treaties, and international agreements.
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The council supervises elections
The Constitutional Council is a court that was established by the Constitution of the Fifth Republic on 4 October 1958. It is the highest constitutional authority in France, and its main function is to uphold constitutional principles and rules. The Council comprises nine members, including a President, who are referred to as "the wise". They are appointed for nine-year terms and chosen from among high-ranking individuals with expertise in fields like law, administration, and economics.
One of the critical roles of the Constitutional Council is supervising elections, ensuring their legitimacy, and maintaining fairness in the democratic process. This supervision extends to both presidential and parliamentary elections, as well as referendums. The Council ensures that elections are conducted properly and that campaign spending limits are respected. It has the authority to examine complaints and litigations related to elections, such as those concerning electoral rolls or campaign practices. The Council can declare an election invalid if it finds that the winning candidate used improper methods or exceeded campaign spending limits.
In the context of elections, the Constitutional Council plays a crucial role in upholding the integrity of the democratic process. It acts as a safeguard, ensuring that elections are conducted fairly and in accordance with established rules and regulations. This supervision extends to the examination of complaints and disputes that may arise during the electoral process.
The Council's role in election supervision is not limited to monitoring and adjudicating complaints. They are actively involved in the entire process, from start to finish. This includes verifying the eligibility of candidates, overseeing the registration of voters, and monitoring the campaign period to ensure that all participants adhere to the established rules and guidelines. The Council also collaborates closely with election management bodies and law enforcement agencies to ensure a smooth and secure electoral process, free from interference or manipulation.
The Constitutional Council's supervision of elections extends beyond the voting process itself. The Council plays a key role in resolving disputes and litigations that may arise before, during, or even after an election. This includes handling complaints from political parties or citizens regarding the decisions of election committees, such as the National Election Committee (NEC). The Council has the authority to rule on these complaints within a specified timeframe, ensuring that any issues are addressed promptly and impartially.
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Frequently asked questions
The Constitutional Council is a court that reviews the constitutionality of legislation. It is the only competent institution with the authority to nullify any vote by the National Assembly that goes against the principle of safeguarding the independence, sovereignty, and territorial integrity of a nation.
The Constitutional Council is composed of nine members, three each appointed by the president, the National Assembly, and the Senate. They are appointed for nine-year terms.
The Constitutional Council has the power to supervise elections, both presidential and parliamentary, and ensure the legitimacy of referendums. It also interprets the fundamental meanings of the constitution, procedure, legislation, and treaties.
The Constitutional Council investigates cases that are allocated to a member who is appointed as the rapporteur by the president. The council must rule within one month, or eight days in urgent cases.
