The Human Rights Aspects of the Decision by the French Council of State on Dieudonné Case

Separation of powers with no doubt can be considered as a solution to further maintain justice in the society. Such a postulate can find more weight in Constitutional Law when it leads to violation of citizen’s rights but it is ignored. As it is the State which undertakes to secure and maintain the rights of citizens, any violation of such rights has to be justified by an acceptable political justification such as instance necessity at the national level. In the recent decision of the French Council of State in the case of Dieudonné one of the major hypotheses is to provide a legal justification based on public security. The competing hypothesis, however, seeks recourse to a political pretext based on public policy. The difference between public security and public policy lies in the former being considered as part of public law and the latter as one in political sciences. Giving priority to politics over law can bring the Council of State to judgment.