The control of constitutionality a posteriori of laws by the french constitutional council

Authors

  • Renaud Bourget
  • Fernanda Figueira Tonetto

DOI:

https://doi.org/10.18759/rdgf.v21i2.1819

Abstract

In March 2010, the constitutional revision of 23 July 2008 enters into force in France and, with it, the institute of the Priority Question of Constitutionality is born (Question prioritaire de constitucionalité or QPC). It is a real turning point in the French constitutionality control system, since until then preventive control was the only one in existence. Thus, before constitutional reform, it was not possible to challenge the constitutionality of a law that had already come into force. Based on this aspect, the present article aims to analyze the new QPC institute, as well as the new conformations of the French Constitutional Council, which entered the jurisdictional landscape and started to act as a true constitutional judge.

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Published

2020-12-07

How to Cite

Bourget, R., & Tonetto, F. F. (2020). The control of constitutionality a posteriori of laws by the french constitutional council. Revista De Direitos E Garantias Fundamentais, 21(2), 97–108. https://doi.org/10.18759/rdgf.v21i2.1819

Issue

Section

State, Constitutional Democracy and Fundamental Rights