Chapter

The Principle of Equality

John Bell

in French Constitutional Law

Published in print January 1995 | ISBN: 9780198259480
Published online March 2012 | e-ISBN: 9780191681967 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259480.003.0007
The Principle of Equality

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This chapter describes the doctrine of equality, and how far it is a general principle of the Constitution. It specifically argues that the Conseil constitutionnel's notion of equality is quite limited. Rather than a value of general application, equality is mainly concerned with non-discrimination in relation to specific constitutional values. The concern of the Conseil in this chapter appears predominantly to be to ensure a rational relationship between the provisions of a loi and the constitutional or legislative objectives that they are intended to achieve. The meaning of equality will be assessed by dealing first with the specific areas designated by the constitutional texts on which the Conseil has been required to pronounce, and then by considering the wider application of equality before the law. The equality in French constitutional law is explained as well. The study of equality demonstrates the way in which the Conseil constitutionnel has been elaborating the Constitution. It has taken specific values from the constitutional texts, and required the legislator to respect them.

Keywords: equality; Constitution; Conseil constitutionnel; French constitutional law

Chapter.  13322 words. 

Subjects: Constitutional and Administrative Law

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