Interrelationship between Constitutional Law and Politics
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This paper explores the multi-dimensional nature of law, especially its close relationship with political sciences. The paper analyzes political practices and the role of constitutional courts, and shows how the porous separation between constitutional law and politics is translated in the judicial sphere, making constitutional institutions only seemingly apolitical. The paper concludes that contextualizing is essential when studying constitutional law, and this requires a parallel study of politics to bridge the gap between legal constitutional texts and the often-diverging practices of power when it comes to governing a state. The paper includes references as footnotes.
From the Paper:"In France for instance, under the formal constitution of the Fifth Republic, the distribution of functions within the executive illustrates this discrepancy between legal constitutional texts and the reality of politics. The "dual" executive, meaning that power is shared between a President and a Prime Minister is an equivocal notion for the constitution is essentially filled with obscurities. Antonin-Xavier Fournier highlights these in his work on the French dynamics of power . He shows that in an attempt to define those roles, the constitution states that the President "providesfor the regular functioning of the public authorities and the continuity of the State " while the Government must "decide and direct the policy of the nation ". Moreover, the President is "head of the armed forces " while the Government has "at its disposal the armed forces". Thusthis palpable opacity can only be clarified through the study of political practices. For instance, while De Gaulle was politically overactive in and out of France, pushing towards presidentialism, other presidents like Jacques Chirac under the forces of "cohabitation" decided to retreat under "strictly presidential functions" such as foreign policy and defence.
"Following the same train of thought, in the United States the relationship between the executive and the legislative has never been clearly defined and many commentators argued that conflicts between the branches of government are usually ended through a "pure contest of willpower " rather than following legal indications."
Sample of Sources Used:
- The Okie.Com Tulsa Democrats to Discuss GOP using Constitution as 'Political Tool' (February 2013)
- Villiers Michel, Le Divellec Armel "Dictionnaire du droit constitutionnel", Sirey (7e edition, 2009)
- Michel Troper, "La philosophie du droit", PUF Que sais-je (2011) - introduction
- Pierre Legrand. "How to compare now" Legal Studies Volume 16, Issue 2, pages 232-242 (July 1996)
- Antonin-Xavier Fournier. La dynamique du pouvoir sous la Ve Republique, Presses de l'Universite du Quebec (2008) p. 44-58
Cite this Analytical Essay:
Interrelationship between Constitutional Law and Politics (2014, January 16) Retrieved September 23, 2019, from https://www.academon.com/analytical-essay/interrelationship-between-constitutional-law-and-politics-153789/
"Interrelationship between Constitutional Law and Politics" 16 January 2014. Web. 23 September. 2019. <https://www.academon.com/analytical-essay/interrelationship-between-constitutional-law-and-politics-153789/>