Unconstitutional French practices in the light of the history

Abstract

The 1958 Constitution has regularly been the subject of a practice that goes beyond the text. So that the reflection on unconstitutional practices, although old, remains strong. Two visions are opposed in this case: a normativist vision, for which practice cannot replace the norm in the name of a presidentialist reading, and a political vision, for which texts cannot be the subject of a literal interpretation, their meaning depending less on the arrangement of constitutional provisions than on the practice made of them. Deciding on these different approaches requires leaving the perimeter of the Fifth Republic and taking a step back that only a historical approach allows, all the more opportune as the constitutional history of France offers an unusual richness. What method should be adopted to carry out an analysis of these unconstitutional practices? What can be observed from their observation over the long term? What means do we have to sanction them? These are the questions that this article undertakes to answer.