CONVERSE Reverse constitutionalism

This project aims at two intertwined goals. On the one hand, it will suggest a partial rewriting of the 1958 Constitution by foreign scholars. The legal systems selected give rise to a rich constitutional debate but are not traditionally studied in comparative law. On the other hand, it intends to provide a theory of reverse legal transplants, in order to rebalance the relationship between so-called “great legal powers” and “constitutionally marginalized countries”.

Significant project-related outcomes:

  • Substantial amendments to the 1958 Constitution – using an innovative use of comparative law – to address the major and recurrent criticisms of the Fifth Republic: hyper-presidentialism, dysfunctional constitutional justice, lack of direct democracy and insufficient protection of the environment.
  • Renewal of the debate within French civil society on the French Constitution and in particular on the initiatives taken by the Citizens’ Climate Convention.
  • Rebalancing the balance of power between major constitutional powers and constitutionally marginalised countries by setting up strong relationships with international experts from countries rarely approached for their legal expertise.
  • Analysis of the consequences of French legal transplants abroad, such as the presidential system in Sri Lanka.

Fotografia: Symposium: Constituent Assembly, Paryż 3-4 października 2023

Symposium: Constituent Assembly, Paris 3-4 October 2023
From the left: Prof. Xavier Philippe (Université Paris 1 Panthéon-Sorbonne), Prof. Katarzyna Kubuj (ILS PAS), Prof. Monika Florczak Wątor (Jagiellonian University), Prof. Marie Gren (project coordinator, Université Paris 1 Panthéon-Sorbonne), Prof. Thibaut Larrouturou (Université Paris 1 Panthéon-Sorbonne), Prof. Théo Ducharme (Université Paris 1 Panthéon-Sorbonne).