The priority question of constitutionality
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DOI:
https://doi.org/10.63277/gsc.v27i.4865Keywords:
France, constitutional judicial review, review after the enactment of statute laws, fundamental rights, Conseil constitutionnelAbstract
In France the constitutional judicial review found great difficulties to be implemented, as a result of a positivistic tradition. The Constitution of 1958 created the Conseil Constitutionnel in order to impose to the Parliament the mechanism of rationalisation of parliamentarianism. With a historical decision of 1971, concerning the freedom of association, it became an instrument of protection of rights and freedom. This constitutional judicial review had the aim of protecting fundamental rights from the statute law and so it was conceived as a preliminary scrutiny of constitutionality, which took place before the enactment of statute laws. Through the reform of the French Constitution of 2008 the so-called QPC was introduced, that is to say a procedure which enables a judicial review of the constitutionality of statute laws after their enactment. In this article we will examine the ways through which this judicial review takes place and the relevant procedures.
