The role of the French Constitutional Council Oversight of the constitutionality of laws

Authors

  • Researcher Doaa Qassem
  • Ibtisam Hatem Alwan

Keywords:

Constitutional Council, oversight, constitutionality of laws

Abstract

The French Constitution issued in 1958 established a staff called the Constitutional Council which is considered like other important institutions in France, about many questions revolved in light of the ambiguity surrounding its role. May be the main idea of its establishment was the simulation of the Supreme Court of the United States of America, which was established in 1903 It was considered a French constitutional court whose mission is to specialize in the previous oversight of laws, because the drafters of the Constitution of the Fifth Republic did not want to establish a constitutional court similar to the Supreme Court in the United States of America or the Constitutional Court in Germany, but rather assigned the oversight mission to the Constitutional Council, which is a weapon against any deviation From Parliament to achieve the principle of complete separation of powers and prevent the legislative authority represented by Parliament from controlling the executive authority “the government” but later on the Constitutional Council turned into a protector of basic rights and freedoms and it has taken an important position at present especially after the constitutional amendment of 2008.

 

Additional Files

Published

2022-03-20

How to Cite

Qassem, R. D. ., & Alwan, I. H. . (2022). The role of the French Constitutional Council Oversight of the constitutionality of laws. The International and Political Journal, 50(1), 57–78. Retrieved from https://ipj.uomustansiriyah.edu.iq/index.php/political/article/view/100