Where Judicial Politics Are Legislative Politics: The French Constitutional Council
- 1 July 1992
- journal article
- research article
- Published by Taylor & Francis in West European Politics
- Vol. 15 (3) , 29-49
- https://doi.org/10.1080/01402389208424919
Abstract
Judges on France's ordinary and administrative courts make law and policy by interpreting and applying statutes, but the Constitutional Council is overtly involved in policy‐making. The Council serves as a type of ‘third’ chamber of the French parliament, where it may annul unconstitutional legislation, ‘constitu‐tionalise’ various legal principles, and sometimes even prescribe the precise terms of legislation. This ‘court‐like’ body, thus, plays a significant and growing role in French policy‐making.Keywords
This publication has 3 references indexed in Scilit:
- The Birth of Judicial Politics in FrancePublished by Oxford University Press (OUP) ,1992
- In the shadow of the constitutional council: The ‘juridicisation’ of the legislative process in FranceWest European Politics, 1989
- RIGHTS AND LIBERTIES UNDER THE MITTERRAND PRESIDENCY: SOCIALIST INNOVATIONS AND POST-SOCIALIST REVISIONSContemporary French Civilization, 1988