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I think this is awful, but is it wrong in the context the council was working in? More specifically, consider how the US Supreme Court works. The Court's job i

I think this is awful, but is it wrong in the context the council was working in? More specifically, consider how the US Supreme Court works. The Court's job isn't to decide what side is good and what side is evil. Their job is to determine what side is in accordance with the law, and if that law is consonant with our Constitution. How similar to this is the French Constitutional Council? Were they given no choice, and forced to make an ugly decision because it is, indeed, what their Constitution allows? If so, the answer isn't to bemoan the decision and criticize the Council, but to find a way to fix the French Constitution so that it no longer supports this decision.

fauigerzigerk 11y ago
I don't know anything about the French constitution, but many constitutions contain very vague or general language and some are very old. Courts often have to rule based on analogies, especially where new technologies are involved.
loup-vaillant 11y ago
Having loosely followed the QPC that has just been rejected, I think it's pretty clear they had a case. We should also see the details of this decision. They may have interpreted the law (and documented that interpretation) in a way that makes it less unacceptable. Also, there will a couple other recourse for that same law. It's not over yet.