THE FUNDAMENTAL RIGHT TO INSURRECTION OF THE PEOPLE AND THE ROLE OF CIVIL SOCIETY IN THE CONTEXT OF ENSURING THE SUPREMACY OF THE CONSTITUTION

Abstract

The people manifests its disapproval of a law it considers unconstitutional or of an executive act and even a judicial decision manifestly unfounded and illegal. This right has been enshrined in Article 35 of the 1793 French Declaration of the Rights of Man and Citizen, according to which “When the government violates the rights of the people, insurrection is for the people and for each portion of the people the most sacred of rights and the most indispensable of duties.” In the process of constituting new societies, based on values unanimously recognized at the international level, democratization constitutes the main pillar of reform in every aspect of life: political, cultural, economical and social. The alternative to a totalitarian regime is an open society, based on the rule of law, political pluralism and a market economy, citizen-oriented, in which the citizen is the subject not the object of the socio-political processes. Civil society must rely on a model of active citizenship, where the individual is fully engaged economically, socially, culturally and politically. This is a global strategy of sustainable social development, aiming at widening of the range of options for the citizens, an increase of their involvement in all socio-economical, cultural and political activities. Keywords: insurrection, control laws, civil society, the supremacy of the Constitution, is unconstitutional. Keywords French Declaration of the Rights of Man and Citizen, totalitarian regime, socio-political processes.