Political character of the Constitutional Council of the Fifth French Republic and its consequences

Abstract

When the Constitutional Council was established in 1958, it was described as a political and judicial body. Since then, its powers and systemic importance have increased rapidly. However, the political-judicial nature of the Council has not changed. The Council’s political character is expressed in its domination by individuals belonging to the political elite and high government officials. Undoubtedly, the persistent distrust in the French republican tradition of entrusting judges with control decisions of vital importance to the state is significant. In addition, the well-thought-out mechanism of appointing its members promotes the independence and legitimacy of this institution. It is also necessary to point out the symbiosis of the political and bureaucratic elites in France and the still-held view that it is responsible for decisions of crucial importance to the state and citizens.