07 April 2025
Enforcing the Law of Democracy
It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called “parliamentary assistants” case. The judgment is marked by an unusual degree of judicial creativity, particularly in its underlying conception of democracy, which may be understood through the lens of militant democracy. Although it does not constitute a political judgment in the traditional, partisan sense, its constitutional and symbolic significance is substantial—and the backlash it has provoked against the judiciary is a cause for concern. Continue reading >>
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12 September 2024
France’s Shifting Constitutional Landscape
France is experiencing a major shift in its constitutional and political landscape. After weeks of uncertainty, President Emmanuel Macron has now appointed Michel Barnier as Prime Minister, sparking new protests against Macron’s actions since the election. From a constitutional perspective, it is becoming clear that the President cannot simultaneously serve as an impartial guarantor of institutions on one hand and the most powerful political actor on the other. While the country’s presidentialist tradition is not over, the era of fait majoritaire — a cornerstone of the stability of the French system — has ended. Continue reading >>
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09 March 2024
Enshrining Abortion Rights in the French Constitution
On International Women’s Day 2024, President Emmanuel Macron signed an amendment, that enshrines abortion rights in the French Constitution. Abortion is now a constitutionally “guaranteed freedom” for women in France: but constitutionally guaranteeing this freedom is also — if not even more — a call-out to the rest of the world. By constitutionalizing the right to abortion, French parliamentarians and government officials aimed to signal this commitment to the global community, with a particular emphasis on the United States. Continue reading >>27 March 2023
Constitutional? Perhaps. Democratic? Not so much
The adoption of the Law on Retirement without a majority in the National Assembly has caused a huge uproar in France. The use by the executive of an article or two of the Constitution, as well as the combination thereof, is deemed constitutional until a competent organ says otherwise. And the only one who could, the Constitutional Council, will probably not say otherwise. But even if something is constitutional, that does not make it democratic. A look into the justifications given by the head of State and the head of Government stirs reflection on the relationship between the constitutional and democratic character of the proceedings. Continue reading >>
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