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Must the Council be reformed ?

The Constitutional Council is one of the principal innovations of the Constitution of October 4, 1958. Despite a considerable effort by the Council to insure its independance, the defense of governmental institutions and the protection of civil liberties, this institution which was reluctantly received at the beginning, has since been challenged. Many reforms have been proposed. They seek to broaden the scope of this institution and to create a true Supreme Court : this idea of a truly mystical nature has inspired many propositions. But they have been superficial and are not based on a sufficient analysis of foreign examples and do not take sufficiently into account the French reality, and in particular the reluctances of the political class. In view of the obstacles which have been encountered, a more modest solution would be to perfect the existing situation.

A true reform of the Council must begin by addressing itself to the composition of this institution which has correctly been criticized. It would also be necessary to clarify certain issues which are vague, such as the status of Council members and the role of the Council, as well as perfecting the procedure. For example, wouldn’t be appropriate to develop the method of presenting arguments ? The Council as well as governmental authorities can contribute to the reform which is indispensable to the improvement of the institution.

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Référence électonique : René CHIROUX, "Must the Council be reformed ?", Pouvoirs, revue française d’études constitutionnelles et politiques, n°13, 13 - Le Conseil constitutionnel, p.107-124 . Consulté le 2020-02-27 21:41:58 . URL : https://revue-pouvoirs.fr/Must-the-Council-be-reformed.html