Authors: Duhamel & Mény
Summary: With about 2424 words, at first the author warns from the false evidence of the concept and then presents three statements: constitution as an act of the governed; constitution as a living act; constitution as an act of society. In the first sense, the constitution is the act which defines the conditions of exerting political power, given by people through delegation and representation. Written in the name of people, in the matter of fact, the constitution is the product of power sharing and the consequence of its limits. However, as rights and freedom charter, citizens can demand its respect by sanctioning governors.
In the second meaning, constitution is open to continuous redefinitions of those freedom and rights: it is a developing act which adapts itself to times, social instances and issues. Institutions interpret it according to the legitimacy principle they are based on: the Government on the basis of parliamentary majority, the Parliament on the basis of electoral votes, the Supreme Court on the basis of judicial control on law.
The third meaning interprets constitution as a shaping, structuring act, giving significance to societies. It contains the constitutional principles ruling each social and economic activity, namely the basis of common law (droit public, droit privâ, etc.). Political activity, being the result of a certain social (regional, religious, ideological cleavages) and political (party system, electoral strategies, alliances, etc.) dynamic, maintains a logic of its own in respect to the process of "constitutionalization".