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Research On The Constitutional Guarantee Of French Sovereignty

Posted on:2024-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2556306923971009Subject:Constitution and Administrative Law
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France is the birthplace of sovereignty theory,with representatives of traditional sovereignty theories such as Bodin and Rousseau appearing;France was the first country to incorporate sovereignty into its constitution,and after multiple constitutions,sovereignty still holds a relatively important position;France is also a country actively promoting the process of European integration,and after the constitutional amendment,it approved the treaty to transfer some sovereign power to the European Community.This paper uses the method of hermeneutics to analyze the structure and content of sovereignty norms from the constitutional text,explore the challenge of European integration to French sovereignty and the constitutional response of France to it,and show the constitutional guarantee of French sovereignty.The first chapter of the article sorts out the representative figures and ideas in traditional French sovereignty theory through the history of French ideology and French constitution,analyzes the influence of sovereignty theory on constitutional sovereignty norms in different periods,especially the influence of Rousseau’s people’s sovereignty thought on the Declaration of Human Rights in 1789 and the accession of sovereignty to the constitution in 1791,and explores the influence of Rousseau’s people’s sovereignty theory on the five republics of France in the context of French political system history The historical factors that influenced the changes in sovereignty norms during the restoration of the monarchy period,and finally,the reasons for the use of special chapters to regulate sovereignty in the current French constitution and corresponding normative innovations are elaborated.The second chapter of the article studies the sovereignty norms in the current French constitution.Firstly,through normative analysis,sovereignty norms are divided into sovereignty confirmation norms,national iconic norms,and sovereignty attribution norms,clarifying the connotation of sovereignty norms.Secondly,it analyzes the functions of sovereignty norms,including the cornerstone of democratic system,the norms of political party organizations,the substantive restrictions of constitutional amendments and the constraints of local power.Thirdly,through comparative analysis,the sovereignty norms in the constitutions of France and French speaking countries are compared,and the impact of sovereignty norms in the French constitution on French speaking countries is studied from both content and structure perspectives.The third chapter of the article presents the challenges posed by the European integration process to traditional sovereignty theories,analyzes the ways and reasons for the gradual transfer of economic,political,and judicial sovereignty powers from France to the community,studies the reasons for the failure of military sovereignty power transfer plans,compares and analyzes new sovereignty theories such as sovereignty extinction theory,sovereignty obsolescence theory,sovereignty weakening theory,sovereignty pluralism theory,and distinguishes sovereignty transfer theories,Confirm the connotation of sovereignty transfer.The fourth chapter of the article elaborates on the constitutional response in the process of sovereignty power transfer.Based on the current French constitution,the response basis is searched for,which is the constitutional review of treaties.When some treaty contents contradict the constitutional content,the transfer of sovereignty power is completed by modifying the constitution first and then approving the treaty.Finally,analyze the reasons,content,and controversies behind France’s constitutional changes to ratify the Maastricht Treaty,Amsterdam Treaty,EU Constitutional Treaty,and Lisbon Treaty,and summarize the constitutional response to the transfer of sovereign power.
Keywords/Search Tags:The French Constitution, Sovereign Power, European Integration, National Sovereignty
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