La révision constitutionnelle et la majesté de la Constitution en question
La révision constitutionnelle et la majesté de la Constitution en question
Author(s): Alexandre VialaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: constitutional amendment; sovereignty; constituent power;
Summary/Abstract: In the classical age of constitutionalism, the constituent power was seen as a sovereign and initial power. Under the influence of the ideas of abbé Sieyès, the constituent power was risen at the rank of a myth and considered a natural right of the nation. Its expression was of a will free of any constraint and enjoying priority before any other expression of will coming from constituted powers. In the 21st century, the simplicity and logic of this hierarchy between constituent power and constituted powers have lost their topicality. Since, in a globalized society and within an international environment more and more complex, a greater number of legislative, diplomatic and economic actors are expressing themselves, the constituent power saw its sovereignty eroded. In certain states, the constitutional amendments are frequent and become commonplace. There are so many phenomena which transform the constituent power in normative power like the others, exposed to the contingencies of the partisan, economic and international life. Is this reflux of the majesty of the constituent power a sign of a crisis, of a decline or of a redefinition of the Constitution?
Journal: Revista Română de Drept Comparat
- Issue Year: 10/2019
- Issue No: 01
- Page Range: 13-30
- Page Count: 18
- Language: French
- Content File-PDF