C. JUDICIAL REVIEW OF LEGISLATIVE ACTS

• Constitutionalism
• alternative approaches to constitutional review of legislation
• inherent judicial power, all courts
• special constitutional courts with exclusive power (Germany, Italy, Spain)
• nonjudicial review (France) -- compare the Council of Revision proposed and rejected in American Constitutional Convention?
• what are the respective merits and demerits (or risks) of each approach?
 
• French Constitutional Council
• composition
• sources of "constitutional law": Preamble of the 1958 Constitution! (text over)
• fundamental principles recognized by the laws of the Republic
• Declaration of the Rights of Man of 1789
• political, social and economic principles of Preamble, 1946 Constitution (text over)
• "general principles of law" (principes genéraux du droit) -- Council of State!
• scope and timing of review
• who has standing to invoke it?
• THE FREEDOM OF ASSOCIATION CASE, p. 764 (1971).
• what source of constitutional principle is crucial to this case?
• how does it compare with Marbury v. Madison in the CC's development?
• Other examples of decision
 
 
 

The French People solemnly proclaim their commitment to the Rights of Man and to the principles of national sovereignty as defined in the Declaration [of the Rights of Man] of 1789, confirmed and completed by the Preamble of the Constitution of 1946....
 

1. On the morrow of the victory of the free peoples over the regimes which sought to enslave and degrade human beings, the French people proclaim anew that every human being, without regard to race, religion, or belief, possesses inalienable and sacred rights. They solemnly affirm the rights and liberties of man and of the citizen consecrated by the Declaration of the Rights of Man of 1789 and the fundamental principles recognized by the laws of the Republic.

2. In addition, they proclaim the following political, economic and social principles:
 
3. The law guarantees to women, in all domains, rights equal to those of men.
 
...
5. Everyone has the right to work and to obtain employment. No one may be disadvantaged, in his work or his employment, by reason of his origins, opinions or beliefs.
...
8. Every worker participates, through his agents, in the collective determination of working conditions as well as the operation of the enterprise.
...
10. The nation assures individual and family the conditions necessary for their development.
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13. The nation guarantees equal access of children and adults to education, occupational training and culture. The organization of free, non-sectarian public education at all levels is an obligation of the state.