1
Q
1st Constitution
A
- reflection of ideas from the French Revolution= establish a constitutional monarchy.
- The king = the head of the executive
- legislative power in one assemble camera
- the idea of national sovereignty
- The right to vote was restricted= active citizens v passive citizens = a function than a right.
1
Q
2nd Constitution
A
- Two years later 1793
- never applied because of the circumstances
- remains a source of inspiration.
- idea of popular sovereignty
- inspired by the ideas of JJ Rousseau (Swiss)
- The right to vote=all male citizens.
- The executive power was for 24 members elected by the legislative body.
- Legislative power> executive power
- executive power is divided.
- Democratic ideals and national equality, establish a semi-direct democracy.
2
Q
3rd Constitution
A
- Le directoire restored order
- reaction to the previous situation
- regulation of rights and duties of the men and the citizens.
- Confer to two assemblies of bicameralism
3
Q
4th Constitution
A
The third Republic started in 1870 and ended in 1940: The longest regime since 1789
Constitution adopted in 1875 (3 laws).
4
Q
What is a constitution?
A
- organized and protected your freedom
- most countries in the world have a constitution= The supreme law of an estate.
- choices made by a country by citizens
- Distribute power, limit power, and protect the rights of a citizen.
- the context of different change by country.
- The constitution is the HIGHER THE SUPREME law.
- Build with certain specific issues: the organization of powers, the form of the state, and fundamental rights.
- in French as true legal norms, symbolic, not concrete law.
- In the 20th century a professor said “The constitution law is the supreme law, but the parliament can still violate the constitution” (3rd Republic)
- Now the law is limited by the Constitution. To protect the rights of everyone, the “constitution should be short and obscure” Napoleon.
5
Q
Former v Substantial approach
A
- based on the form, there exists a type of constitutional form, const norms, created by a specific entity by a specific entity through a specific procedure, distinct by ordinary law.
- deals with the content, all the norms all the rules that deal with constitution content, constitutional matters, the rules and norms dealing with the form of the state, the distribution of power, and fundamental rights.
6
Q
Flexible v Rigide
A
- can be easily changed. Easy to change.
- can’t be easily changed. Difficult to change.
7
Q
Modification
A
- need to be modified and to correct vision inadequately.
- reflect the evolution of society.
- too frequently= there is something wrong.
- Art 89 of the constitution, le pouvoir constituant originaire= ceux qui ont le pv de modif la constit
- Germany has put a limitation to the modification, you can’t touch the core of the constitution.
8
Q
France constitutional justice
A
- 1946, The 4th republic= constitutional comity with limited power.
- the 5 republics creates the Conseil constitutionnel.
- Prefer a consil rather than a court. Robert Badinter (ancien ministre de la justice 1985).
1789= DDHC, legicentrism
In 1985, “the constitutional consil said the law is the expression of the general will, only when it respects the constitutional law. “
9
Q
Issues with the Constitutional Court:
A
- The problem of the legitimacy of the judges, how can we justify that 9 judges who were not elected can neutralize the law created by the parliament => tension between constitutional justice and democracy.
- Judicial activism, government by judiciary.
10
Q
constitutional block
A
- First: constitution of 1958
- Second: DDHC 1789
- Third: preamble of 1946= third republic
- Fourth: the fundamental principles acknowledged by the law of republics
- Fifth: the charter of the environment
- Sixth: certain principles regulated by the constitutional parliament.
11
Q
The French constitution
A
- 16 titles
- 89 articles
- It’s more complicated than that because the French constitution is not limited to the text from 1958
- Since the 70s’, the French constitution has gone for and become the constitutionality block
