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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

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

Type
Articles
Copyright
Copyright © T.M.C. Asser Press and the Authors 2010

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