John Bell

in French Constitutional Law

Published in print January 1995 | ISBN: 9780198259480
Published online March 2012 | e-ISBN: 9780191681967 | DOI:

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The Conseil constitutionnel has preceded a new dimension to both law and politics in France. It has a significant role in setting the framework for what both law and politics can achieve, and its operation appears to attract widespread public support. Three criticisms are typically made of constitutional review: (1) that it results in government by judges; (2) that it politicizes the judiciary; and (3) that it leads to legalistic politics. In addition, it may be asked whether the Conseil has operated beneficially in (1) defining the roles of Government and Parliament; and (2) in definding fundamental rights. Finally, it might be asked whether there has really been much of a revolution, and whether there are lessons from the French experience for other jurisdictions. The constitutional review in France enforces constitutional rules of parliamentary procedure. The Conseil also has a crucial function in protecting fundamental rights.

Keywords: Conseil constitutionnel; France; legalistic politics; judiciary; French government; Parliament; fundamental rights

Chapter.  7231 words. 

Subjects: Constitutional and Administrative Law

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