ABSTRACT
The Constitutional Council’s decision of March 26, 2020 is for some the expression of a scandal or it could be the manifestation of a stumbling block in the action by the French constitutional judge. In either event, the constitutional judge decided not to respect the Constitution. In an obvious but always hidden way, positive law – the positive statement validated as a right from the law – struggles to recover the part of the enunciation it is based on in terms of its meaning. In positive law, two dimensions seem to be inherent in the relationship between law and language. Traditionally, legal argumentation is motivated and developed to attract the conviction of an audience and not to appear as a mere act of authority. The argumentative space that thus emerges from the two arguments thus cuts an argumentative structure in the space of two-dimensional legal discourse.
