12 mai 2024
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info:eu-repo/semantics/altIdentifier/doi/10.5944/trc.53.2024.41398
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Julien Bonnet, « The challenges of the Constitutional Council: French controversies about constitutional justice », HAL SHS (Sciences de l’Homme et de la Société), ID : 10.5944/trc.53.2024.41398
Since the French Revolution, the French concept of the separation of powers has been dom-inated by mistrust of judges and confidence in the law. It was against this complex background that the Con-stitutional Council was created in 1958 and has developed over the last 65 years, culminating in the introduction of a constitutional review of enacted legislation. By virtue of this history, the organization, com-position and perception of the Constitutional Council remain predominantly political, despite progress towards greater “judicialization”. The challenge for the Constitutional Council is therefore to try to overcome these constraints of the past, in order to fully fulfil its role as a counterweight and guardian of rights and freedoms, for example in times of crisis or to resolve environmental issues. In the future, the Constitutional Council will inevitably be confronted with social emergencies and the question of the effectiveness of social rights, as well as the consequences of scientific progress and new demands concerning, for example, artificial intelligence, algo-rithms, animals or robots.