Judicial Review in France
In France, judicial review refers to the process by which the French courts, particularly the Constitutional Council, assess the constitutionality of legislation. This system has evolved over time and plays a crucial role in the French legal framework.
Historical Context
- Pre-1958: Prior to the establishment of the Fifth Republic in 1958, there was no formal system for judicial review of laws against the Constitution. The French system was characterized by parliamentary supremacy, where the National Assembly had the ultimate authority to enact laws without judicial oversight.
- 1958 and the Fifth Republic: With the adoption of the French Constitution in 1958, the Constitutional Council was established, marking the beginning of formal judicial review in France. Initially, the Council had limited powers, mainly to ensure the proper conduct of elections and referendums.
Expansion of Judicial Review
- 1971: A significant expansion occurred with the decision in the Liberty of Association case, where the Council declared it had the authority to review laws against the principles of the French Declaration of the Rights of Man and Citizen (1789) and the preamble to the 1958 Constitution, thereby broadening the scope of its review.
- 1974: The Council further expanded its role by establishing the principle of "bloc de constitutionnalité," which allowed it to review laws against not only the Constitution but also against international treaties and European Union law.
Mechanisms of Judicial Review
Judicial review in France operates through the following mechanisms:
- A Priori Review: Before a law comes into force, certain parties (like the President of the Republic, the Prime Minister, or a group of parliamentarians) can request the Constitutional Council to review its constitutionality.
- A Posteriori Review: Since 2008, following the constitutional reform, any individual can indirectly challenge the constitutionality of a law through a question prioritaire de constitutionnalité (QPC). This allows citizens to raise constitutional issues in courts, which can then refer the matter to the Council for review if deemed relevant.
Impact and Significance
- The introduction and expansion of judicial review have significantly increased the protection of rights and liberties in France, allowing for a check on legislative overreach and ensuring compliance with constitutional principles.
- It has also contributed to the harmonization of French law with international human rights standards and EU law.
Sources
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