05.11.23, parity, constitution, President of the Republic, roe v. Wade, supreme court, Taliban, Khomeini, women, 1946 preamble, Freedom,

 Marc Salomone / Email: marcsalomone@sfr.fr / blog: madic50.blogspot.com

Paris, Sunday November 5, 2023

LINEAGE OF ARCHAISM OR CONTINUITY OF DEMOCRACY

On March 8, 2023, during International Women's Rights Day, the President of the Republic made a commitment to constitutionalize these rights.

What is his place here?

1- The intermediaries want to subordinate the Constitution to the debates on the achievements to be preserved or the bastions to be conquered.

Adding a Freedom to the 1946 preamble is certainly useful.

This doesn't answer the question asked. That of women's fear of a constant possibility of regression.

2- For those, such as him, who have the quality, the Constitution is discussed with "this top of the pyramids from which forty centuries contemplate us", with Saint-Louis, the Constituent Assembly, the CNR, De Gaulle.

On this question of the infinite tangle of personal ties; it is indeed time to get to the point.

Women's fear comes immediately from the overturning of Roe v. Wade by the Supreme Court of the United States, following the action of American evangelists.

It is in fact the resonance of an international discussion on the modernity of law.

Is this always constituted by the past domination of one sex or by the equal action in the making of both?

Following Khomeini, the Taliban took up the issue in all its scope and established archaic radicalism as the principle of modernity. We can no longer see it as a local anomaly. Ultimately, we will have to comply or allow democracy to win.

1- Feminists are not mistaken. They keep saying that archaism is no longer a waste, a leftover, a fossil, but a subversion that can overwhelm everything.

2- The judges of the Supreme Court of the United States are here the auxiliaries of the debate opened by the Taliban. They apply the general principle of the modernity of the law defined by them to the particular case of abortion.

It is therefore up to the French Head of State, through the ad hoc procedure:

a- or to legitimize the filiation of archaism which consolidates the shaken domination of one sex over the other by the frank disqualification of the latter.

b- or to formalize the path to democracy by extending the legal equality of everyone through the joint, equal, universal, legal presence of both sexes in the organization of human administration.

What is commonly called Parity.

The constitutionality of Parity was enshrined in 1999 by Prime Minister Lionel Jospin and President Jacques Chirac.

They stopped halfway by giving the already established and preeminent sex the task of ensuring the promotion of the other. This is Competitive Parity.

It's up to President Emmanuel Macron to move the world to equal rights. Both sexes are equally constituents of human administration.

I suggest presenting the question relating to Legal Parity as follows:

A- Proposal

1- Delete:

Art. 1, paragraph 2

The law promotes equal access for women and men to electoral mandates and elective functions, as well as to professional and social responsibilities.

2- Keep

Art. 4, paragraph 2: political parties

They contribute to the implementation of the principle set out in the second paragraph of Article 1 under the conditions determined by law.

3- Register

Art.1, paragraph 2

Public authorities, deliberative assemblies, public service organizations, de jure, de facto, by delegation or circumstances, are constituted and directed by the equal, joint, de jure, universal presence of both sexes.

B- Comment

This question is made up of two parts:

1- The first is to be discussed by the jurists involved in the preparation of the text (“Public authorities, deliberative assemblies, public service organizations, de jure, de facto, by delegation or circumstances”).

2- The second is of course up for discussion but the block must be returned at the end of the examination (“are constituted and directed, by the equal, joint, legal, universal presence of both sexes.”).

To use Victor Hugo's expression ("history is going to be erased"), the President must be the one who "erases" ten thousand years of an organizing principle which has surely provided services but which has had its day and which today only has the face of death.

This is the natural place of the French Constitution. The People and their representatives will write the sequels.

The World risks noticing this reform and History remembering it.

Marc SALOMONE