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Le temps et la procédure législative. Étude des insuffisances de la révision constitutionnelle du 23 juillet 2008

Abstract : Time is a major dimension in the rationalized parlementary system imposed by the 5th Republic. Since the beginning, the 1958 Constitution has applied to put the time at the service of the Executive power. This choice allowed the Executive power to no longer experience the same difficulties as under the previous republics in the parlementary institution management. Nevertheless that rationalization did not solve the problem caused by the use of the parlementary time. On the eve of the 2008 constitutional revision the parlementary time is marked by overwork characterized in the meantime with a too slow procedure (endless debates, permanent increasing in session length, increasing numbers of amendments..) and a speeding up in the session working rhythm. The constitutional revision of July 23rd, 2008 tried to provide an answer to the temporal dysfunctions by rewriting a lot of rules related to the parlementary time..The writers of the Constitution noticed that on one hand the 1958 text was an essential part of the temporal regime and its dysfunctions, and, that on the other hand a revision of the basic standards would compel the members of Parliament to change their behavior. That process has then irrigated the lower standards such as organic law April 15th 2009 and Parlementary rules. In order to reach positive and real achievements the resort to the juridical writ – and in the first place its higher expression – the Constitution – was largely chosen. Since the introduction of that process a mild assessment as to the choices being made can be drawn. Yet new instruments had been put in place in order to speed up the legislative procedure but also slow down the violent hurry in the working rhythm.
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François-Éric Godefroy. Le temps et la procédure législative. Étude des insuffisances de la révision constitutionnelle du 23 juillet 2008. Droit. Université Rennes 1, 2018. Français. ⟨NNT : 2018REN1G016⟩. ⟨tel-02495994⟩

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