Not a court, but a watchmaker. In 1958, it was a sleeping guard. Then, in 1971, it woke up. It declared that the Preamble of the 1946 Constitution and the 1789 Declaration of Human Rights were not old wallpaper. They were the gears inside the machine. Suddenly, the bloc de constitutionnalité expanded. Liberty, equality, fraternity became justiciable. You could sue a law for being unkind.
A narrow, choppy strait. On one side, the whirlpool of the parliamentary system (the Fourth Republic, which collapsed faster than a house of cards). On the other, the rocks of the presidential system (the American model, too rigid for the French storm). De Gaulle was the pilot who steered the boat through, inventing a hybrid: a captain with a compass (the President, Article 5) and a crew that could throw him overboard (the Assembly, Article 49.2). The famous Article 49.3 was not a rule. It was a threat. A legal guillotine hanging over the government’s head. droit constitutionnel l1
The final exam was in December. The subject: “The rationalization of parliamentarism under the 1958 Constitution.” Not a court, but a watchmaker