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- Publisher
- Oxford University Press
- Copyright
- © 1988 by The American Association for the Comparative Study of Law, Inc.
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.2307/840185
- Publisher site
- See Article on Publisher Site
Abstract
F.L. MORTON The evolving role of the French Conseil Constitutionnel repre sents a fascinating political development, and one that invites com parative analysis. The development of the Conseil Constitutionnel under the Fifth Republic represents an attempt to graft the practice of constitutional control onto a long tradition of parliamentary supremacy. In this respect, it parallels recent developments in Can ada, which in 1982 abandoned its tradition of British-style parlia mentary supremacy by amending its Constitution to include a written "Charter of Rights and Freedoms." The much older Amer ican experience with the practice of judicial review also provides a rich field for comparative analysis. In what follows, the author pro poses five comparisons intended to facilitate an understanding of the Conseil Constitutionnel's growing role in French political life, and to contribute to the growing comparative scholarship on constitu tional courts. I. The most striking characteristic of the Conseil Constitutionnel has been the rapid ascent of its political influence and prestige. The original role of the Conseil Constitutionnel was much more modest tha n the one it has recently assumed. It was intended to protect F.L. MORTON is Professor, Department of Political Science, University of Calgary, Canada. The author would
Journal
American Journal of Comparative Law – Oxford University Press
Published: Jan 1, 1988