- 1 Constitution Council:
- 2 Constituent Assembly Constitutions:
- 3 The ability to judge the constitutionality:
- 4 Economic and Social Council:
- 5 Constitution of Economic and Social Council:
- 6 Economic and Social Council Assessment:
The constitutional council constituted a judicial constitutional council in limited areas. Notwithstanding this, there is no obligation to be a member of Legislative Assembly of the Council.
It is to be noted that there was no mechanism to prosecute the constitutional validity of the law before the French regime. The Third Republic. Neither is there any judicial organization in this regard. That is the principle of the judicial study of law.
Not accepted or endorsed. But the constitution of the fourth republic, the judges; understands the importance of the studied policy. Arrange for the constitutional validity of the law in this constitution.
The judicial organization has not been given the responsibility and authority of the judicial system of justice. One for this purpose. Ce is formed. It is named as’ the constitutional committee. There was no judicial organization.
It was the duty of the constitutional committee to judge whether the proposed legislation in parliament was consistent with the constitution.
So the constitution of the fifth Republic of 1958 has the power and responsibility to judge the legality of the law. In place of constitutional council, IE constitutional or constitutional committee of the fourth republic.
The Constituent Assembly of the Republic of Pram has been constituted. The role of this constitutional council is very important in the current regime of France. The Constituent Assembly did not match the constitutional council.
Constituent Assembly Constitutions:
The structure of constitutional council has been discussed in section 56 In the constitutional council, the number of members declined. Nine The nine-year period of the nine-year tenure Membership of these members is renewed.
At the end of every three years, one-third of the constitutional council members are appointed new members. Three members of the council were appointed by the president of the French Republic, three of the president of the national assembly and the president of the three Senate.
So apart from nine members, the former President of the Republic was exclusively a life member of the constitutional council. The President of the Republic of the Republic of the constitution appointed the President.
If any incidence of equal rent in favor of and against the time of accepting a bribe, then the chairman of the council can end the stagnation with a determinant charge. It is important to mention that ministers or lawmakers may not be members of the constitutional council. Other restrictions on membership of the council.
The powers and functions of the constitutional council:
There is a description of the powers and functions of the constitutional council, from 58 to 63 of the constitution. In the constitution, the constitutional council has been entrusted with four important responsibilities. Below are the steps were taken by the constitutional council:
To supervise the election and supervise the masses and to one of the main responsibilities of the constitutional council, supervise the presidential election and monitor the public interest. The responsibility of the council to supervise the constitutional council so that the President’s election will be held regularly.
The constitutional council will ensure the regular election of the deputy and Senate members of the National Assembly and will make a decision in relation to those elections.
Apart from this, the constitutional council will supervise the systematic procedures of the people’s system and will punish the results of the masses.
On December 29, 1961, the constitutional council was given some responsibilities in relation to the election of parliament through a law.
If there is any clause about the constitutional validity of national meetings and the candidates of the Senate, the matter is presented to the constitutional council by the relevant meeting.
The decision of the council will be considered in this regard. If a member of the National Assembly and any member of the Senate is willing to engage in a business or take a job during his term, which is considered inconsistent with the membership of the legislature and is considered to be a constitution-defiant, the constitutional council.
Then this can be settled. On 20 December 1971, a law related to the unreasonableness of the members of Parliament was enacted. It was implemented on 24 January 1972. In that law, the issues of the absence of other members of the legislature were added.
The president of the Senate temporarily carries the responsibility of the President if the President is late or resigns. Section 7 states that according to the government, the constitutional council has no support in support of its absolute majority members.
The President of the Senate, until the new President, takes over the charge, considering the President is unwilling to perform his duties. The President will bear the responsibility. However, at that time the President of the Senate will be the President of the President as the temporary President.
However, the President of the Senate as a temporary president, according to Article 11 and 12 of the constitution, the public vote. Can not arrange. In addition, at the same time, he can make any power and prerequisite mentioned in section 49, 50 and 89.
But if the Senate President is unable to fulfill the responsibilities of the temporary president, then the government will keep the President’s office temporarily. But if the Constituent Assembly blames the President for unnecessary duties.
If the term of the President’s term is less than 20 days and not more than 30-days before the next presidential election. To make the event. However, the constitutional council can provide for the withdrawal of the schedule.
On 18 June 1976. The Constitutional Council has given the power to postpone the elections through a constitutional law.
Disposal of the legislation and the constitutional council may decide the sanity in some cases. Organized at the national meeting. If the content of such a bill is made, the chairman of the meeting and the government, respectively, enacted the legislative power and decree.
And if the government submits the matter to the constitutional council for a decision. In this case, the decision of the council will be considered final. If the President of the National Assembly is in doubt about this, he can also send the matter for the opinion of the constitutional council.
In this case, the opinion of the council will be considered final. If the government wants to amend the law made by the decree after 1958, it is necessary to present the matter to the constitutional council.
The constitutional council will consider whether the matter is in accordance with the constitution, whether it is empowered to issue legislation or to issue a decree.
The emergency time of emergency in the President:
It has been done. Emergency situations will deal with a council emerging like the situation of casualties. The President was compelled to accept those suggestions of the constitutional council. Although the constitutional council is not compelled to accept any advice from the constitutional council as a presidential advisory body,
The ability to judge the constitutionality:
In the constitution of 1958, the constitutional council has been entrusted with the constitutionality test. The power court has been placed in the United States and India. He also did not mention the constitutional body as a judicial body.
That is why the constitution was not mentioned in spite of being a judicial organization. That is why, despite not being a judicial body, entrusting this authority to the constitutional council has undoubtedly established its constitutional importance.
Section 61-V has been introduced to the constitutional council before the statutory law was imposed and the permanent directive of any chamber of parliament was implemented.
The constitutional court will give an opinion on whether the law and the standing instructions are consistent with the constitution. The President, Prime Minister, National Assembly and the President of the Senate or 60-odd deputies or 60 senators can send the legislation to the Constitutional Council for the purpose of enforcing any parliament-enacted law for the same purpose.
In this case, the council has to give its opinion within one month. In emergency situations, the government can give approval to the Council for 8 days to define that term.
If any part of the law is banned from the Constitution, it can not be implemented through any other sub-group. No verdict of the constitutional council can be reconsidered.
His verdict is on the government, administrative and judicial authority. Compulsory penance That is, the decisions of the constitutional council are all government agencies and governance and judicial. The authorities are bound to comply.
Other powers and constitutional council also perform some of the following tasks.
Any international peace or agreement or general law prohibits the constitution, anyone, president, prime minister or president of the House of Representatives can ask for suggestions from the constitutional council.
No deal or The bill cannot be implemented in the constitutional or constitutional council if it is constrained by the provisions of the constitution.
The Constitutional Council of France, playing a role as guardian of the Department of Law and the Department of Law. Do it. In which case Parliament can overcome its constitutional jurisdiction, the cabinet can take an appeal to the constitutional council, and the constitutional council considers the matter to be considered. Referably mentioned.
Assessing the power of the constitutional council:
According to the constitution, the constitutional council has an important role in France’s regime. In view of the powers and functions of the constitution, the importance and dignity of this unique organization can be easily understood.
But at The constitutional council cannot be called a judicial organization in any way. Because-
The constitutional council has no power or responsibility as the guardian or guardian of the French constitution. In this case, any role of Paris-had is denied.
The Constituent Assembly can not take initiative or decide on any matter. President of the French Republic If the President or any president of the parliament does not want to get any advice or advice about the bill, the constitutional council can not give any opinion in this regard.
No citizen or court can appeal to the constitutional council. 4. There is no comparison between the power and role of the French Supreme Court with the power and role of the French constitutional council.
The US Supreme Court has the powers of judicial review. Accordingly, the US Supreme Court can cancel any law or administrative order made by Congress due to unconstitutional. And the US Supreme Court itself may be enthusiastic about this.
United States Constitutional Protector and Protector of the United States Supreme Court. But the French constitutional council denied this role.
Citizens of the United States, India, etc. may apply to the Supreme Court for the sake of preserving their fundamental rights. The court orders the government to protect the basic rights of citizens from government intervention and the government has to accept it.
But the French constitutional council does not say so. The Constitutional Council does not have the necessary powers and authority to enforce its own verdict.
The constitutional council decides the decisions on the basis of the documents obtained. The work of this council is not done at the public level. There is no public hearing arrangement here.
In spite of the aforementioned restrictions, the importance and significance of the constitutional council’s role in the French regime can be denied.
Even in limited cases, the importance and significance of the role of the council can not be denied. In limited cases, the importance of the role of the constitutional council is beyond the debate.
The decisive role of this council can not be denied in the interpretation of certain issues of the fifth republic. Regarding the suggestions of the constitutional council are accepted. In that case, it is considered to be final.
In the constitution of the Republic, the principle of the judicial survey was not accepted or any action was taken for this purpose.
An economic and social council of the seventh republic has been told. The council c) There are three sections in the 69, 70 and 71 of the Constitution. Economic and Social Council It is considered to be a prominent part of the constitution.
However, this organization is not a new creation of the current constitution. This is one of the first such clashes in the national constitution. The name of the organization was ‘Economic Council’, the economic and social council was changed in the earlier economic council. This matter has been reconstituted and its structure and the office have been modified.
There is no clear statement in the constitution about the constitution and procedure of the Authorities and Social Council. This issue On 30th December 1958 an organizational gathering was organized on the formation and methodology of the Academic and Social Council. Is framed.
Accordingly, the council is formed with 205 members. The term of the tenure of the members of the council is five years. The government and various vocational organizations have been nominated by the council members. Of these, 175 are members. Metropolitan France members.
There is a discussion under Article 69 and 70 for the powers and functions of the Insurgent and Social Council. Advocates or opinion on the real work of the economic and social council.
According to the offense, the government expresses its opinion about the bill, ordination and order or decree. Besides, the Council.
The Grizzle expressed his views on the submission of several private bills. Regarding public and private bills To present his opinion in both chambers of the parliament, the Gorge can make one of them manipulate.
Second, the government may seek advice from the Council on any sociology-economic problems related to the French Republic or the community. Apart from this, every planning or bill of the sociology-economic issues has to be submitted for consultation.
On the actual proposal, in the regime of France, the economic and social council largely takes the role of a technical adviser. The council does not have the power to implement any socioeconomic plan. The council can only advise her on all these matters.
The Economic and Social Council could not achieve success in the field of judicial proceedings. The thinkers believe that the purpose of which the financial and social council was formed was not fulfilled. Because the skilled and expert person did not get enough space in it. Employees and employers were members. It is not possible for the government to provide technical and scientific advice on their behalf. At what time did a judicial justice system arise in France?
- At the time of Napa-lion.
- Which is the top of the French judiciary? A. Upper Counci.
- Which of the following courts is located in the higher council? A.The high court or court.
- How high court is divided? A. In two parts. (i) the general court, (ii) the divisional courts of governance.)
- How is the general court divided? A. Three parts (i) Civil Court, (ii) Criminal Court and (iii) Special Court.)