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Discuss the origins, composition and functions of the French Constitutional Council. How has the Council become a "guardian of rights and civil liberties" in the French Fifth Republic?
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Student ID: 12028253 May-03 Comparative Law Assignment (Semester 2) Q. 3 Discuss the origins, composition and functions of the French Constitutional Council. How has the Council become a "guardian of rights and civil liberties" in the French Fifth Republic? INTRODUCTION The following essay will, in accordance with the task posed, give a brief over-view of what the Conseil Constitutionnel (from now on referred to as the "CC") is, before explaining why it was created and how it actually works in a modern day and age. Finally, a picture will be provided, high-lighting how it has evolved into a guardian of fundamental rights. Part 1: DEFINITION The CC is the highest of all French "ordinary courts" (as opposed to administrative courts, which, very generally speaking, deal with public rather than private law) and hence its judgement is final and must be followed by all branches, legislative, executive and judicial1 - there is no recours en cassation or appel....
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