Stéphane RIALS - Professor (université Paris 2 Panthéon-Assas)
Éric DESMONS - Professor (université Paris 13)
Carlos HERRERA - Professor (université Cergy)
Jean-Jacques BIENVENU - Professor (université Paris 2 Panthéon-Assas)
Philippe RAYNAUD - Professor (université Paris 2 Panthéon-Assas)
Reflecting on the concept of « good political regime » means reflecting on the best suited political organisation for the imperfect nature of man. This nature, combined with the contingency in which human action occurs, makes all tentative of perfect theoretical constructions illusionary. The « good political regime » is a fair regime and a moderate one oriented towards common good. But it is above all a government adapted to the community it intends to organise. Pragmatism and prudence are necessary in order to organise the most suitable constitution for the political community. Its sociological composition, its history, its customs and traditions are for a large part responsible in determining the constitutional solutions that can be implemented. The political regime occurs in fact in a political system which determines it in return.
A mixed constitution has appeared for a long time as the most adequate institutional form, as it enables the fairest representation of the diversity of its interest, and the adhesion of the majority to the constitution. Its apparent disappearance in modern times is deceiving since its most distinctive features, among which moderation and equilibrium, have evolved and been transformed to adapt to new realities. Modern constitutionalism, by its attachment to the mechanisms of power distribution constitutes a perfect illustration of this phenomenon of adaptation. But it is above all the paradoxical persistence of different forms of heteronomy - sociological, moral, natural - that best exposes how the modern man has not definitively broken with the « good political regime » so dear to the Ancients.