An Assessment of Nine Months of Case Law Related to the Priority Preliminary Ruling on the Issue of Constitutionality
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2011
- ISIDORE Id: 10670/1.7436e8...
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Case law Judicial legislation Law, Judge-made Judicial lawCiter ce document
Bertrand Mathieu, « An Assessment of Nine Months of Case Law Related to the Priority Preliminary Ruling on the Issue of Constitutionality », Pouvoirs, ID : 10670/1.7436e8...
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The first nine months of case law related to the priority preliminary ruling on the issue of constitutionality have illustrated the conflicts between the various judicial authorities as well as the necessary adjustments between control of constitutionality and of conventionality. The decisions rendered by the Court of Cassation, the Council of State and the Constitutional Council indicate that the a posteriori control of the constitutionality of the law has rapidly and solidly established itself in France. While the scope of the new procedure, regarding both the measures likely to be challenged and the principles being invoked, tends to be precisely delimited, and the procedure reinforces the basis of constitutional case law.
