Jonah Patel
The French institution responsible for ensuring respect for the constitution is the Constitutional Council (French: Conseil Constitutionnel). Established by the Constitution of the Fifth Republic on 4 October 1958, the council ensures that constitutional principles and rules are upheld. It rules on whether proposed statutes conform with the Constitution and can be petitioned to review the constitutionality of a law. The council has nine members and is housed in the Palais-Royal in Paris.
| Characteristics | Values |
|---|---|
| Name | Conseil Constitutionnel (Constitutional Council) |
| Established | 4 October 1958 |
| Location | Palais-Royal, Paris |
| Main Activity | Ensuring constitutional principles and rules are upheld |
| Composition | Nine members |
| Powers | Rules on whether proposed statutes conform with the Constitution |
| Reviews whether the law applied in a case is constitutional | |
| Can declare a bill contrary to the Constitution |
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What You'll Learn
- The Constitutional Council is the highest constitutional authority in France
- It was established by the Constitution of the Fifth Republic on 4 October 1958
- It ensures that constitutional principles and rules are upheld
- It rules on whether proposed statutes conform with the Constitution, after they've been voted on by Parliament
- It is housed in the Palais-Royal in Paris
The Constitutional Council is the highest constitutional authority in France
The Constitutional Council (French: Conseil constitutionnel) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. The council has nine members and is housed in the Palais-Royal in Paris.
The main activity of the Constitutional Council is to rule on whether proposed statutes conform with the Constitution. This happens after they have been voted on by Parliament and before they are signed into law by the president of the republic (a priori review), or passed by the government as a decree, which has law status in many domains. This is a right granted to the government under delegation of Parliament. Since 1 March 2010, individual citizens who are party to a trial or a lawsuit have been able to ask for the council to review whether the law applied in the case is constitutional (a posteriori review).
The Constitutional Council brings judicial review to bear on the acts of the executive branch. However, politicians who have framed successive French institutions have long been reluctant to have the judiciary review legislation. The argument was that unelected judges should not be able to overrule the decisions of the democratically elected legislature. This reluctance may also have reflected the poor impression resulting from the political action of the parlements – courts of justice under the ancien régime monarchy. These courts often chose to block legislation to further the privileges of a small caste in the nation.
The Constitutional Council was established by the 1958 Constitution, which instituted the Fifth Republic and is France’s current constitution. The 1946 Constitution, which established the Fourth Republic, had established a Constitutional Committee, which had the authority to declare a bill contrary to the Constitution. However, its powers were extremely limited.
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It was established by the Constitution of the Fifth Republic on 4 October 1958
The French institution that watches over the respect of the constitution is the Constitutional Council (French: Conseil constitutionnel). The council was established by the Constitution of the Fifth Republic on 4 October 1958. The constitution was drafted by Michel Debré, with Charles de Gaulle as the main driving force behind its introduction. The Fifth Republic replaced the Constitution of the Fourth Republic of 1946.
The Constitutional Council is the highest constitutional authority in France. It ensures that constitutional principles and rules are upheld and that proposed statutes conform with the Constitution. The council's main activity is to rule on whether proposed statutes conform with the Constitution after they have been voted on by Parliament and before they are signed into law by the president of the republic. This is known as a priori review. Since 1 March 2010, individual citizens who are party to a trial or a lawsuit have been able to ask for the council to review whether the law applied in the case is constitutional. This is known as a posteriori review.
The Constitutional Council has nine members. The council's decisions traditionally include extremely short and purely formal judicial opinions, leaving their rationale open to interpretation. In 1996, the council created a periodical, Les Cahiers du Conseil constitutionnel, to improve communication about its decisions.
The 1958 Constitution distinguishes two kinds of legislation: statute law, which is normally voted on by Parliament, and government regulations, which are enacted by the prime minister and their government as decrees and other regulations. The constitution also regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
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It ensures that constitutional principles and rules are upheld
The French institution responsible for ensuring that constitutional principles and rules are upheld is the Constitutional Council (French: Conseil constitutionnel). It is the highest constitutional authority in France and was established by the Constitution of the Fifth Republic on 4 October 1958. The Council's main activity is to rule on whether proposed statutes conform with the Constitution. It performs this task after statutes have been voted on by Parliament and before they are signed into law by the President of the Republic, or passed by the government as a decree.
The Constitutional Council plays a crucial role in safeguarding the French Constitution and ensuring that all legislation aligns with its principles. It has the power to review the constitutionality of statutes and decrees, ensuring that they do not violate any constitutional provisions or principles. This process is known as "a priori review". Since 1 March 2010, the Council has also been authorised to conduct "a posteriori review", where individual citizens involved in a trial or lawsuit can request the Council to examine the constitutionality of the law applied in their specific case.
The Council's role in upholding constitutional principles extends beyond simply reviewing legislation. It also has the authority to interpret the Constitution and provide guidance on its application. This interpretive role allows the Council to shape the understanding and implementation of constitutional principles, ensuring that they are consistently applied throughout the country.
Additionally, the Constitutional Council contributes to the protection of fundamental rights and freedoms guaranteed by the Constitution. It can strike down laws or provisions that violate these rights, ensuring that the state upholds its commitment to protecting the liberties of its citizens. The Council's decisions in this regard help maintain a balance between state power and individual rights, reinforcing the foundational values of the French Republic.
The Constitutional Council is composed of nine members, including the President of the Republic, who plays a pivotal role as the guarantor of the Constitution. The Council's decisions are highly influential and can shape the country's political and legal landscape. While it operates independently, the Council's interpretations and rulings are subject to scrutiny and analysis by legal scholars and experts, who contribute to a deeper understanding of constitutional law and the Council's role in upholding it.
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It rules on whether proposed statutes conform with the Constitution, after they've been voted on by Parliament
The French institution responsible for ensuring respect for the Constitution is the Constitutional Council (French: Conseil constitutionnel). The Council was established by the Constitution of the Fifth Republic on 4 October 1958, and it is the highest constitutional authority in the country. It is tasked with ruling on whether proposed statutes conform with the Constitution, after they have been voted on by Parliament. This process is known as a priori review.
The Constitutional Council plays a crucial role in ensuring that constitutional principles and rules are upheld in France. It reviews the constitutionality of proposed statutes, ensuring that they align with the values and principles outlined in the Constitution. This includes protecting individual freedoms, ensuring equality before the law, and upholding the separation of church and state.
The Council has nine members, including the President of the Republic, who is the guarantor of the Constitution. The Council's decisions are highly influential and can shape the country's political and legal landscape. For example, in 1993, the Council struck down a government bill on the right of asylum, which caused controversy and led to public criticism from Prime Minister Édouard Balladur.
The Constitutional Council's role in reviewing proposed statutes after they have been voted on by Parliament is essential for maintaining the balance between legislative power and constitutional compliance. It acts as a check on the power of the legislature, ensuring that any laws passed by Parliament respect the rights and freedoms guaranteed by the Constitution.
In addition to a priori review, the Constitutional Council also performs a posteriori review, where individual citizens involved in a trial or lawsuit can request the Council to determine whether the law applied in their case is constitutional. This further strengthens the protection of constitutional rights and ensures that laws are applied fairly and justly.
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It is housed in the Palais-Royal in Paris
The Palais-Royal is a former French royal palace located on Rue Saint-Honoré in the 1st arrondissement of Paris. It was originally called the Palais-Cardinal and was built for Cardinal Richelieu between 1633 and 1639 by architect Jacques Lemercier. After Cardinal Richelieu's death, the palace was passed on to King Louis XIII. Over the centuries, the Palais-Royal has been home to many members of the French royal family, including Louis XIII, Louis XIV, and Philippe I, Duke of Orléans.
The palace has played a significant role in French history, including during the French Revolution, when it was a centre of political intrigue and hosted Jacobin and anti-royalist meetings. Today, the Palais-Royal is known for its graceful neoclassical architecture, elegant formal gardens, and modern art installations. It houses some of Paris's most exclusive brands and is a popular destination for shopping and leisure activities.
The Palais-Royal has a rich history when it comes to the arts. It once housed the Paris Opera in one of its wings, though it was burned down twice during the 18th century. The Theatre du Palais-Royal, which still stands today, opened in 1790. Molière's theatre troupe also used the theatre in the east wing of the palace in the late 17th century, and many of his plays were staged there.
The Palais-Royal also has a significant political history. In the early 1870s, after surviving revolutions, empires, violent mob attacks, and acts of arson, the palace was taken over by the French government. Today, it continues to be a site of political importance, housing the State Council, Constitutional Council, and Ministry of Culture. The Constitutional Council, or Conseil Constitutionnel, is the institution responsible for monitoring the respect for the provisions of the Constitution and reviewing the constitutionality of French legislation.
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Frequently asked questions
The Constitutional Council (French: Conseil Constitutionnel) is the highest constitutional authority in France and is responsible for ensuring that constitutional principles and rules are upheld.
The Constitutional Council was established by the Constitution of the Fifth Republic on 4 October 1958.
The Council's main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted on by Parliament and before they are signed into law by the President of the Republic.
The Constitutional Council has nine members, including the President of the Republic.
The President of the Republic is responsible for ensuring due respect for the Constitution. They are also responsible for ensuring the proper functioning of public authorities and the continuity of the State.
