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Concrete Review as Indirect Constitutional Complaint in French Constitutional Law: A Comparative Perspective

Published online by Cambridge University Press:  19 October 2010

Otto Pfersmann
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Abstract

1958: a priori review of parliamentary legislation to keep Parliament within its limited legislative competences – 2008: a posteriori review to protect citizens' rights and freedoms – Varieties of concrete review – Originality of the new French procedure – An indirect constitutional complaint: raised by a litigating party, transmitted by an ordinary court and decided by the Constitutional Council – Obstacle to transmission: declaration of conformity in the motives of an earlier decision by Constitutional Council – Conceptual, logical and legal reasons for a strict distinction between normative content and justificatory discourse in judgments – Setting on par of motives and operative part transforms French legal system into a specific form of common law and weakens the Rule of Law

Keywords

FranceConstitutional reviewA priori reviewA posteriori reviewConseil ConstitutionnelQuestion prioritaire de constitutionnalitéFundamental rightsCommon lawRule of law
Type
Articles
Information
European Constitutional Law Review , Volume 6 , Issue 2 , June 2010 , pp. 223 - 248
Copyright
Copyright © T.M.C. Asser Press and the Authors 2010

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