Judicial Review in France: A Comparative Analysis

Abstract

The evolving role of the French Conseil Constitutionnel represents a fascinating political development, and one that invites comparative 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 Canada, which in 1982 abandoned its tradition of British-style parliamentary supremacy by amending its Constitution to include a written Charter of Rights and Freedoms.2 The much older American experience with the practice of judicial review also provides a rich field for comparative analysis. In what follows, the author proposes 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 constitutional courts.