法国宪法委员会功能新论

提起法国宪法委员会,人们都会很自然地将其功能与宪法监督划上等号。但事实上它却是一个有着宪法监督功能,以平衡政府与议会关系为主要职责的特殊政治机构。从宪法委员会官方网站提供的历年裁决来看,其功能可分为两级。通过第五共和国权力机关运作流程,对其功能进行动态分析,发现宪法委员会的主要功能不是宪法监督,而是平衡政府和议会之间的权力。

New Theory on the Funtion of French Constitutional Council

There always be an idea that the function of French Constitutional Council is constitutional supervision. In fact it is a special political institution with the function of the constitutional supervision in order to balance the relationship between the government and the parliament as its main feature. This paper arranges them into two categories according to the decisions offered by the official website of the Constitutional Council, and there is a flow chart of the relationship between the institutions and operation of the Fifth Republic, which reveals the function of the Council. Through analysis of its function, we can draw the conclusion that the main function of the Constitutional Council is not Constitutional Supervision, but the power balance between the government and the Parliament.