By proposing to introduce in article 1 of the Constitution that France
“guarantees the preservation of the environment and biological diversity and the fight against climate change”,
the former Machiavelli specialist who became President of the French Republic has skillfully aroused two types of oppositions which annihilate each other: those who denounce the apparent indigence of the formula adopted, those who denounce its extreme dangers.
Read also: Isn't the defense of the environment already in the Constitution?
To see clearly, however, it is enough to read the opinion of the Council of State.
The highest French administrative court warns us against the government of judges.
If the expression is not used, the reasoning is there: the wording desired by the government creates a
“quasi-obligation of result”
(…) with
“heavy and unforeseeable”
consequences
.
In other words, impossible to say a priori what is authorized and what is prohibited, it is the judge who will say, a posteriori, if what was done was sufficient, in conformity with the objective.
It is
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