French democracy appears ill-prepared for a potential far-right power grab, according to a new book critiquing the Conseil d’État and Conseil constitutionnel. Authors Stéphanie Hennette-Vauchez and Antoine Vauchez denounce these institutions' growing compliance with the executive. They warn of a troubling slide over the past twenty years, at the expense of public liberties.
In their book Des juges bien trop sages (Seuil, 344 pages, 23 euros), public law specialist Stéphanie Hennette-Vauchez and sociologist Antoine Vauchez raise a critical question: can French citizens rely on the Conseil constitutionnel and Conseil d’État to safeguard the rule of law and fundamental freedoms against a far-right government? Their answer is pessimistic.
The authors demonstrate that these two institutions, based at the Palais-Royal, did not wait for an extremist threat to adopt an accommodating stance. Since the late 1980s, following an initial push for public liberties under left-wing rule, they have strayed from their founding mission. “What has happened for our judges to become so forgetful of our rights and freedoms?” they ask in the introduction.
In their view, administrative and constitutional judges have been drawn into—and have themselves drawn the state into—reform programs turned into legislative and regulatory watchwords. This has pushed the defense of liberties to the back burner. A porosity between council members and France's senior civil service eases this alignment, with constant exchanges encouraged. The shared goal: to avoid overly hindering the state.
This assessment comes as reactionary forces advance toward power across Europe. The authors emphasize that this habit of yielding to executive demands leaves the Republic exposed to potential far-right assaults.
