A stimulating essay on the meaning and status of one of our most misunderstood institutions.
Schnapper's book on his experience to the Council Constitution contains several books in one. 1) It is primarily a story (rare) life and the scenes of a little known institution eventually.
2) It also indirectly reflects on the sociological work of the researcher and the report to its purpose. Sociologists are trying in various ways to observe inside a specific environment, this time the sociologist has not only been an observer but actually named as one of nine elders, while the When sociologist and counselor.
3) last but not least is an analysis of the functioning and nature of this institution bizaroïde what the Constitutional Council. At this level Schnapper applies three major frameworks of analysis, from beginning to end.
a) The history of the Constitutional Council is primarily the story of his slow and gradual legitimization . Wanted by General de Gaulle as a supervisory body of parliamentary activity deemed precarious and dangerous in his eyes, the Council falls behind against the French democratic tradition. Secondary to protocol, fragile and directly submitted to the will of the General (who did not intend that he be the lesson on a constitution that he himself had written and did not hesitate to remind the mode I know what I put ! "), the Council has finally won its independence and establish itself as an indispensable element of political and legal French.
b) Life Council is also one of its members, networks they frequent, the services they render to them and others, past friendships. The meeting brings together former enemies, new features, create new relationships. The story of the relationship between political advisors from the Seraglio and those appointed after a career in the judiciary is very interesting. The most fascinating is that the ruling in law to make their way into this little theater of nominations, the balance of powers and influences, the diverse skills of its members. It does indeed, thanks in particular to the painstaking work of the Secretary General and the Legal Service, which are like the backbone of the institution.
c) Finally, and perhaps most interesting that the whole book, Dominique Schnapper points out with great clarity the deep hybrid status of the Constitutional Council, at the crossroads of political institutions (Parliament and Presidency) and institutions Legal (Conseil d'Etat, Cour de Cassation). Councillors are appointed by the Presidents of the Republic National Assembly and Senate are not judges and the Board is not a "court" unlike its foreign counterparts. But at the same time the Council is little more than a "club" and he actually participates in the development of law. Institution
mid-mid-legal policy, the Council had, for a sociologist, a dream job, exactly located at the intersection of two major creative utopia of democracy, utopia and representation (legitimacy comes from universal suffrage of the sovereign people, who can change laws) Utopia and the Law (security and continuity of the law are a protection against arbitrary passions of the moment, and sometimes the best recourse of the people against himself). Although any democratic government derives its legitimacy from universal suffrage (" if we listened to the lawyers, we would never do anything " / "9 wise can not contradict the general will of the people " like to say advisers " policies "), institutions can not rely solely on" moods "of the people, under pain of falling into another form of despotism. The Constitutional Council is the meeting place of these conflicting tensions. The conclusion of the book alone is a little gem that deserves to appear almost as a separate article. After the 452 pages devoted to it by Dominique Schnapper, the austere and modest palace in the Rue de Montpensier become almost endearing. We did not ask for much.
Dominique Schnapper, a sociologist at constitutional council, nrf Gallimard Tests, Paris, 2010