LexInter | November 17, 2006 | 0 Comments


Constitutional law is a branch of law that brings the rules of the law of the Constitution. These are the rules laid down in the Constitution concerning government, public powers and the participation of citizens in the exercise of these powers. These rules as legal norms corresponded to political science. The Constitution, in its preamble and in the body of the constitution, establishes not only the rules concerning the institutions and the role of the various norms, but also the fundamental rights which were guaranteed by the administrative courts, constitutional law is classically considered in France as a branch of public law. The respect of the Constitution by the regulatory power and by the administrative acts is ensured by the administrative jurisdictions. The control of constitutionality of the laws since the Constitution of 1958 was carried out in a preliminary way by the Constitutional Council which ensured the respect of the Constitution by the legislator at the initiative of the parliamentarians. Since the possibility for litigants to ask preliminary questions of constitutionality, constitutional law cannot be considered as falling only under public law. The generalized control of constitutionality marks the implementation of the supremacy of the constitution over the law, concretizing its eminent place in the hierarchy of norms. The Constitution is no longer only a bulwark against arbitrariness, but also the fundamental norm of organization. The constitutional standard straddles public and private law,

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