La résolution juridictionnelle des conflits entre organes constitutionnels

Abstract

This article -which was written at the editor of this journal’s request-, can be considered as a summary, by its own author, of a Ph D thesis dealing with «The judicial review of conflicts between constitutional bodies». The main achievements of this comparative study are threefold. This layout stems from the belief that comparative law allows not only to better understand foreign legal systems, but also one’s own legal system and even law in general. As far as foreign law is concerned, this piece of work provided its author with the opportunity to undertake a true comparative analysis of the review process of conflicts between constitutional bodies in Germany, Italy and Spain. As a result, such a process was analysed as a form of «recours pour excès de pouvoir» – the French annulment process before administrative judges-, in the constitutional field. As regards French law, the study of this widely ignored process of law led to an indepth analysis of the «acte de gouvernement» – an act which may not be reviewed by administrative judges-. The latter could thus be labelled according to its true nature, which allows both a proper identification and a better judicial review, suiting its fundamental characteristics. Finally, regarding law in general, the analysis of the judicial review of conflicts between constitutional bodies enabled this study to provide a contribution both to the theory of the separation of constitutional powers and that of constitutional justice.