Renoux, Thierry S.
The Challenge of Justice
- 2001.
47
"Since 1958, the most significant change that has marked the gap between the text of the Constitution of the Fifth Republic and French political life over the past decade is, undoubtedly the ""growing role"" of the judiciary in French society. Any democracy of opinion is, by definition, based on the adherence of the citizens to a form of social truth. Beyond the assertion of a political or legal truth, it now also requires a judicial truth. Although the role of the judiciary in society has changed, such is not the case with its written constitutional status, i.e., its place within the State. A constitution is first and foremost a practice, and the most difficult reform is precisely to reorientate or to correct this practice. To restore the judiciary within the state means to restore mutual respect and confidence between the political and the judicial spheres. The fact that the three branches of power mutually control one another is only natural; it does not indicate any hierarchical superiority or any added legitimacy, be it political or judicial, elective, or constitutional; the three branches of power fullfill their roles and the people, as the only undisputed sovereign entity, decide in the last resort. Such is the challenge facing the campaigning constitutionalist: firstly, while sustaining liberty, endeavor to not give too much power to the judiciary and secondly, while upholding equality, endeavor to ensure that no one is shielded from justice."