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The 2008 Constitutional Amendment Of France And The French Constitutional Council

Posted on:2010-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y W SunFull Text:PDF
GTID:2166360275960692Subject:Legal theory
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Speaking of which, naturally, there will always be an idea that French Constitutional Council is an independent constitutional supervision mode, as the parliamentary supervision mode of the United Kingdom, general court-supervised mode of the United States, and the Constitutional Court mode of Germany. However, the French Constitutional Council's most important function is to keep balance between the government and the parliament. The Constitution only "trust" the constitutional oversight function to the "power-adjust organizations." That is, in fact it is a special political institution with function of the constitutional supervision in order to balance the relationship between the Government and the Parliament as the main feature,.Year 2008 is the 50th anniversary of the establishment of the French Fifth Republic, but also the 50th anniversary of the 1958 Constitution. People dedicated to the French Fifth Republic 50-year-old's birthday present is the constitutional amendment on a large scale, a total of 39 in 89 of the constitution terms are modified, but scholars of the domestic concerns little of this constitutional amendment. While translating and researching the 2008 constitutional amendment, the authors found that major changes to the terms of each are link to a institution - the Constitutional Council. After studying its function as well as analysis of its background, I came to the conclusion: the major function of the French Constitutional Council is not the constitutional supervision as people generally acknowledged, but the balance of the power between government and the parliament. It plays a very important role in the political system of Fifth Republic. One may have every right to say that with out the Constitutional Council, there will be no constitutional government for the Fifth Republic today.This article is divided into five parts, the full text of more than 32000 words. The part of Introduction, describes the reasons for selection, literature review and research articles and methods of thinking. Part of a detailed literature reviews study of the status quo of Chinese on the French Constitutional Council, as well as the author's the comments of the French data. "The Fifth Republic's Birthday Present," introduction of the French Constitution in 2008 the main content and the context of major changes, as well as a detailed analysis of the terms. The main contents are: restrictions on presidential power, the expansion of parliamentary power, new civil rights; constitutional amendment referred to above is the background of the implementation of constitutional commitments to catch up with the trend of the times; major changes in terms of three main components of each of the out of the biggest change in a content analysis. According to the constitutional analysis of the content I found that all major changes to the content related to the Constitutional Council, its importance can be seen."The Functions of The Constitutional Council", uses the chart on the functions of the Constitutional Council for analysis. First of all, it's a summary of all awards over the years, its decision is classified for complex types of 17 categories according to the official website of the Constitutional Council, so I conducted a second category on this. Second, there is the flow chart of the relationship between the institutions and operation of the Fifth Republic. One could find out the function of the Council at a glance. Through analysis of its function, we can draw the conclusion that the most important function of the Council is to keep a power balance between the government and the Parliament."The Inescapable Fate" discussed the system and idea background of the born of the Constitutional Council at the perspective of the history.- The French view of the constitutional democracy emphasize the compromise spirit.The last part, "If There Was No Constitutional Council for The Fifth Republic", stressed from the perspective of the theory of democratic constitutional government that the Constitutional Concil is indispensable for the Fifth Republic. Without the Constitutional Council, there will be no today's Fifth Republic.
Keywords/Search Tags:the 2008 constitutional amendment of France, Constitutional Council, government, parliament, balance
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