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Theory and practice of modern constitutions
The Constitutional Council of France is the highest constitutional authority that ensures the principles and rules of the French constitution are upheld. It rules on whether proposed statutes conform with the constitution before they are signed into law. The Council also supervises elections and declares their results. It has the power to declare laws invalid if they are contrary to the constitution or treaties that France has signed. The Council is made up of former presidents and nine members appointed by the president, National Assembly and Senate for non-renewable nine year terms.
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Theory and practice of modern constitutions
- 1. Theory and Practiceof Modern Constitutions
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- 4. Logo of theFrench Government
- 5. National Emblem ofFrance
- 6. Country profile ofFrance • Capital and largest city – Paris • Official languages – French • Demonym – French • Government – Unitary Semi-Presidential Constitutional Republic • President – Francois Hollande • Prime Minister – Jean Marc Avrault • Legislature – Parliament • Upper house – Senate • Lower house – National Assembly
- 7. Country profile ofFrance Area • Total - 640,679 km2 - 246,201 sq mi • Metropolitan France – IGN 551,695 km2 - 213,010 sq mi Population – 2012 • Total - 65,350,000 • Metropolitan France - 63,460,000 • Density - 116/km2 - 301/sq mi
- 8. Country profile ofFrance • GDP - 2012 – Total - $2.254 trillion/Per capita - $41,141 (Gross Domestic Product) • HDI – 2013 – 0.893 – very high (human Develop Index) • Currency – Euro • Time Zone – UTC +1 (Coordinated Universal Time) • Drives – on the right • Calling code - +33 • ISO 3166 code – FR (International Standard for country code) • Internet TLD – fr (Top Level Domain)
- 9. The Constitutional Councilof France.
- 10. Constitutional Council ofFrance • 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 is the most important judicial body introduced by the above constitution. • Its duty is to ensure that the principles and rules of the constitution be upheld. • Its main activity is to rule on whether proposed statutes conform with the constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic (a prior review) • From the 2008 constitutional revision, appointments to the Council will be subject to a Parliamentary approval process. • As of August 2009, these provisions are not operational yet since the relevant procedures have not yet been set in law.
- 11. Powers and Tasksof the Constitutional Council The council has two main areas of powers. The first area of power •The first is the supervision of elections, both presidential and parliamentary. •They ensure the legitimacy of referendum. •They issue the official results. •They ensure proper conduct and fairness. •They see that campaign spending limits are adhered to. •The Council is the supreme authority in these matters. •The Council can declare an election to be invalid if improperly conducted, •or if the elected candidate used illegal methods, •or if he spent for his campaign over the legal limits.
- 12. Powers and Tasksof the Constitutional Council The second area of power • The interpretation of the fundamental meanings of the constitution. • Interpretation of the procedure, legislation, and treaties. • The Council can declare dispositions of laws to be contrary to the Constitution of France, • or to the principles of constitutional value that it has deduced from the Constitution, • or from the Declaration of the Rights of Man and of the Citizen. • It also may declare laws to be in contravention of treaties which France has signed, such as the European convention of human rights. •They declare that a law is contrary to constitutional or treaty dispositions renders it invalid. •The Council may impose reservations as to the interpretation of certain provisions in statutes. • The decisions of the Council are binding on all authorities.
- 13. Powers and Tasksof the Constitutional Council In some cases, examination of laws by the Council is compulsory • Organic bills those which fundamentally affect government and treaties, need to be assessed by the Council before they are considered ratified. • Amendments concerning the rules governing parliamentary procedures need to be considered by the Council. • Guidance may be sought from the Council in regard to whether reform should come under statute law (voted by Parliament) or whether issues are considered as regulation to be adopted with decree of the Prime Minister. • The re-definition of legislative dispositions as regulatory matters initially constituted a significant share of the (then light) caseload of the Council.
- 14. Powers and Tasksof the Constitutional Council In the case of other statutes, seeking the oversight of the Council is not compulsory. • However, the president of the Republic, the president of the Senate, the president of the Assembly, the Prime Minister or 60 members of the National Assembly, or 60 senatorscan submit a statute for examination by the Council before its signing into law by the President. • In general, it is the parliamentary opposition which brings laws that it deems to infringe civil rights before the Council. Lesser important tasks of the council • The reclassification of statute law into the domain of regulations, on the Prime Minister's request. • This happens when the Prime Minister and his government wish to alter law that has been enacted as statute law, but should instead belong to regulations according to the Constitution. • The Prime Minister has to obtain reclassification from the Council prior to taking any Decree changing the regulations. • however, is nowadays it is only a small fraction of the Council's activity. • In 2008, out of 140 of decisions, only 5 concerned reclassifications. • Thus, it can be argued that the Council's role as a constraint to the government is likely to increase over the years.
- 15. Membership of theConstitutional Council • The membership is made up of former presidents of the Republic who have chosen to sit in the council (which they may not do if they become directly involved in politics), • And nine other members who serve non-renewable terms of nine years. • one third of whom are appointed every three years. • Three members each are appointed by the president of the Republic, the president of the National Assembly, and the president of the Senate. • A quorum of 7 members is imposed unless exceptional circumstances are noted. • Votes are by majority of the present members. • the president of the Council has a casting vote in case of an equal split. • For decisions about the incapacity of the President of the Republic, a majority of the members of the council is needed. • The president of the Council is selected by the president of the Republic. • Following from the 2008 constitutional revision, appointments to the Council will be subject to a Parliamentary approval process. • As of August 2009, these provisions are not operational yet since the relevant procedures have not yet been set in law..