La segunda revolución francesa: la transformación del Consejo Constitucional

Authors

  • Walter F. Carnota

Keywords:

Judicial Review, Incidinter Mechanism, Priority Constitutional Question

Abstract

The French Constitutional Council was established by the 1958 Constitution so as to check parliamentary powers in order to favor the President. Gradually it evolved, especially since 1971-1974, to a sort of constitutional court. The constitutional revision of 2008, which was implemented in the two subsequent years, introduced for the first time the incidinter form of judicial review, by means of a new tool known as «priority constitutional question» (QPC, by its initials in French). This mechanism shows substantial features in many areas such as procedure, alleged rights violations, effects of rulings and compatibility with the European legal order. 

Issue

Section

STUDIES