Journal Article

The Conseil Constitutionnel confronted with comparative law and the theory of constitutional justice (or Louis Favoreu's untenable paradoxes)

Dominique Rousseau

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 5, issue 1, pages 28-43
Published in print January 2007 | ISSN: 1474-2640
Published online January 2007 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mol043
The Conseil Constitutionnel confronted with comparative law and the theory of constitutional justice (or Louis Favoreu's untenable paradoxes)

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Louis Favoreu's scholarship has been enormously influential in the modern understandings of the nature of France's Conseil Constitutionnel. His prescriptive concept of the Conseil as a judicialized decision-making body independent of the political process represents the orthodoxy of contemporary French legal and political thought. However, many scholars in France consider his arguments and modes of analysis highly controversial, raising as many questions about the Conseil's institutional makeup and philosophical purpose as they answer. This essay examines shortcomings and contradictions in Favoreu's approach and urges revisions to his model of constitutional justice in light of the French experience.

Journal Article.  7521 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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