ABSTRACT

The context of the jurisprudence of the French Constitutional Council is composed of many challenges imposing on the constitutional judge. The chapter mentions a few decisions of the Constitutional Council, in particular concerning the challenge of public order and of security, as well as the more social issue of Sunday work, to see what lessons can be learned on the function of the constitutional judge. In the Decision of 23 July 2015, the Council identified seven unconstitutionalities. However, it also validated the provisions of the Code on homeland security that deal with 'extreme emergency', turning this need into a reference parameter of control. The challenge in social matters surrounding Sunday rest demonstrate clearly the judicial policy of conciliation between freedoms and economic and social needs, where the judge ensures the protection of employee rights while avoiding to place excessive restrictions on entrepreneurial freedom, and does so whether or not at a time of crisis.