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Power equations in the political system of the United States

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  1. Introduction
  2. A constitutional review
  3. The framework of constitutional amendments
  4. The control of constitutionality: respect for hierarchy
    1. The organization of the Constitutional Council
    2. Competence of the Constitutional Council
  5. A specific framework of constitutional amendments: the derived constituent power
    1. Theoretical limits of the derived constituent power
    2. Effective limits on power
  6. Conclusion

Article 28 of the Universal Declaration of the Human Rights (1793) states that- "a group of people always have the right to revise, reform and change the constitution; a generation cannot subject future generations to its laws."

This provision implies that the constituent power is always free. In reality however, the Constitution, is conceived as the supreme law. This supremacy is guaranteed by the fact that it can be developed and modified only by a special procedure called solemnization. Also, the rules inconsistent with the constitution are censored. The laws passed by the Parliament are subject to constitutional review. Thus, the rule of law becomes a formal rule of substantive law when the Constitution contains within it the rules relating to fundamental freedom.

[...] This leads to two consequences: firstly the constituent power may not repeal or modify a standard as super constitutional, and secondly in case of conflict between a standard above Constitution and a constitutional standard, the court must invalidate the second. These rules are justified by historical considerations. The prohibition on changing the republican French government is due to a drift observed during the monarchical regimes. The constitutionality above is important because it is supposed to protect the constituent power of the people against the constituent power derivative, and this especially when the referendum is irrelevant. [...]

[...] They are sworn to perform their duties impartially and in accordance with the Constitution Operation There are basically three stages in the operation of the constitutional council: referral, review and decision. It is noteworthy that the procedures for referral vary according to areas of competence. The Council may be called upon by the presidents of the assemblies to give an opinion, and it may be called upon by the voters and candidates in parliamentary elections for electoral purposes. In case of presidential elections, the prefects as well as the voters and candidates may refer to the Council. [...]

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