Constitutional Justice Around the World

Refers to the specific form and structure of a constitution; it's about how the constitution was created, what it looks like, and the procedures for amending it.

Focuses on the content of the constitution; it deals with the fundamental rules and principles that govern a country, such as the distribution of power, the form of government, and basic rights.

A constitution that can be easily amended or changed.

A constitution that is difficult to change and requires a specific process for amendments.

The power that creates the first constitution of a country.

The power that has the authority to modify or amend an existing constitution.

The process of changing a constitution, often involving specific procedures and requirements.

Occurs when a constitution is modified too frequently, leading to potential instability and undermining the core principles.

A procedure that makes it difficult to change a constitution, often requiring a supermajority vote or specific steps like referendums.

The C Block comprises a collection of fundamental documents that form the basis of French constitutional law. These include the 1958 Constitution, the Declaration of the Rights of Man and the Citizen (1789), the Preamble to the 1946 Constitution, the Charter for the Environment (2005), and the Fundamental Principles recognized in the Laws of the Republic.

The Constitutional Council, through its 1971 'freedom of association' decision, recognized the C Block as part of the French Constitution.

A court that oversees the constitutionality of laws. It checks whether new laws comply with the fundamental principles outlined in the constitution.

The process of reviewing laws to determine their consistency with the constitution, often performed by a constitutional court.

The 4th Republic experienced a period of political instability, with frequent changes in government, often lasting only a few months.

The tension that arises when a court's power to invalidate laws clashes with the will of elected representatives, questioning the legitimacy of unelected judges.

The Algerian Crisis of 1958, specifically the FLN's involvement, led to a military coup and ultimately the downfall of the 4th Republic.

Pierre Pflimlin's appointment as Prime Minister, due to his support for negotiating with the FLN, sparked an insurrection among the military, leading to his resignation.

The idea that the constitution acts as a safeguard against mistakes or temporary impulses, similar to how Odysseus ties himself to the mast to resist the Sirens.

The challenge of interpreting the constitution, considering the intended meaning and the evolving context of society.

Charles de Gaulle was seen as a strong leader, capable of ending the Algerian crisis, and was appointed Prime Minister.

Many people feared that granting de Gaulle significant power would lead to a concentration of authority under his leadership.

A constitution that is not limited to its written text, but also encompasses the broader principles and values that have evolved through history and social change.

A constitution that is flexible and can be adjusted to changing needs without undermining its core principles.

The 4th Republic, characterized by a strong Parliament, was largely considered an "assembly regime" due to the limited power of the executive branch.

The 5th Republic was established in 1958 to address problems arising from the 4th Republic, particularly the Algerian crisis and the need for structural changes to the French constitution.

De Gaulle aimed to resolve the Algerian crisis and introduce fundamental changes to the French political structure.

Three laws were enacted in June 1958 to empower the government and pave the way for a new constitution. These laws gave the government special powers in Algeria, full legislative authority, and the mandate to draft a new constitution.

The Constitutional Act of June 3rd empowered the government to draft a new constitution, but it also outlined essential principles that had to be respected.

The Constitutional Act of June 3rd outlined five core principles that had to be included in the new constitution: democracy, separation of powers, government accountability, judicial independence, and the relationship between France and its former colonies.

The drafting of the constitution involved two teams: a committee of experts and an inter-ministerial committee, which worked together to produce a preliminary draft.

The preliminary draft of the constitution was then submitted to an advisory committee composed of representatives from various bodies, including the national assembly, the Council of the Republic, and the government.

The drafting process for the 5th Republic's constitution involved expert input, government oversight, and a review by an advisory committee, ensuring a comprehensive and well-considered approach to shaping the new system.

The principle outlining that all individuals are equal before the law and have the same rights and opportunities, regardless of their background, beliefs, or status.

The individual rights enshrined in the French Constitution, such as freedom of speech, religion, and association, ensuring personal autonomy and limiting government intrusion.

The belief that a government should be accountable to the people, with power derived from the consent of the governed.

A document written by the National Assembly in 1789, which declared fundamental human rights and liberties, influencing subsequent constitutions.

The Preamble of the 1958 French Constitution, which includes references to the 1789 Declaration, reinforcing its importance and constitutional value.

The concept stating that rights are inherent to humans by nature and not granted by the state, suggesting their existence prior to government.

The focus on individual rights and freedoms as the foundation of society, shifting away from collective rights and traditional structures.

A political philosophy emphasizing individual liberty, limited government power, and protection of citizen rights, evident in the 1789 Declaration.

The Fifth Republic's constitution, adopted in 1958, aimed to establish a more rational parliamentary system, reinvigorate presidential power, and counterbalance the influence of political parties. It also reflects De Gaulle's vision of a strong leader and a more effective government.

The Fifth Republic's constitution was drafted by Charles de Gaulle and his team, drawing inspiration from de Gaulle's vision of a strong executive branch and his distrust of political parties. They also aimed to restore a sense of authority and leadership after the instability of the Fourth Republic.

De Gaulle delivered a speech in Bayeux in 1946, expressing his desire for a more efficient government with a stronger executive branch and constraints on parliament. He also advocated for a mistrust of political parties and a specific vision of France.

One of the central objectives of the Fifth Republic's constitution was to restore the power and authority of the executive branch, particularly the presidency. This was intended to promote stability and effective governance to address issues that plagued the Fourth Republic.

Article 5 of the 1958 Constitution emphasizes the significant role of the President as a guarantor of the constitution, the smooth functioning of government, and the continuity of the state. This signifies the president's position as a figure above politics and a crucial player in ensuring national stability.

Michel Debré, a key figure in drafting the 1958 Constitution, agreed with De Gaulle on the need for strong leadership and institutional stability. He brought his legal expertise to the process, aiming to strengthen the state's authority.

After a period of public consultation, the 1958 Constitution was put to a referendum on September 28th, 1958. It was overwhelmingly approved, with 79% voting in favor, marking a significant shift in the French political landscape.

The 1958 Constitution established the Fifth Republic of France, replacing the Fourth Republic. The new institutions, particularly the presidency, were gradually implemented, ushering in a new era of French politics.