![]() The Conseil d’Etat (Council of State), France’s highest jurisdiction in matters of administrative law, confirmed this principle in a 1936 decision in which it refused to even consider whether a piece of legislation was contrary to constitutional law. France, like many other countries of the Romano-Germanic legal tradition, adhered to a principle of parliamentary supremacy the parliament, being the representation of the people’s will, could not be challenged. A Brief History of Judicial Review in Franceįor a long time, there simply was no judicial review of legislation in France. Courtyard of the Palais Royal where the Constitutional Council sits Photo by Nicolas Boringġ. ![]() In this blog post, I will describe some aspects of judicial review in France, as well as the institution that is responsible for reviewing the constitutionality of French legislation, the Conseil Constitutionnel (Constitutional Council). laws and institutions with their counterparts in France. Madison case.Īs a foreign law specialist for the Law Library of Congress, specializing in French law (though I cover other French-speaking countries as well), I find it interesting to compare U.S. Most people would agree that the Supreme Court is one of the most important government institutions of the United States, due to its power of judicial review rooted in the famous Marbury v. ![]() Supreme Court is often in the news, and this seems even more true in the days since the recent passing of Justice Ruth Bader Ginsburg. Nicolas has previously blogged about Telework and the French “Right to Disconnect”, Report on Right of Huguenots to French Citizenship, “ Bastille Day” Is About More Than the Bastille, and others. The following is a guest post from Nicolas Boring, the foreign law specialist covering French-speaking jurisdictions at the Law Library of Congress. The Constitutional Council and Judicial Review in France
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