26 April 2023
A Conservative Constitutional Council Watching over a Conservative Constitution
On 14 April 2023, the French Constitutional Council handed down its decisions on the constitutionality of the controversial pension reform and on the referendum that was supposed to stop it. In substance, the decisions were met with little surprise. What is noteworthy about them, however, is something else: Both decisions are excellent indicators of the profoundly conservative nature of the French Constitution and of the judges watching over its observance. Continue reading >>
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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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