Abstract

Abstract This chapter describes the doctrine of equality, and how far it is a general principle of the Constitution. It specifically argues that the Conseil constitutionnel's notion of equality is quite limited. Rather than a value of general application, equality is mainly concerned with non-discrimination in relation to specific constitutional values. The concern of the Conseil in this chapter appears predominantly to be to ensure a rational relationship between the provisions of a loi and the constitutional or legislative objectives that they are intended to achieve. The meaning of equality will be assessed by dealing first with the specific areas designated by the constitutional texts on which the Conseil has been required to pronounce, and then by considering the wider application of equality before the law. The equality in French constitutional law is explained as well. The study of equality demonstrates the way in which the Conseil constitutionnel has been elaborating the Constitution. It has taken specific values from the constitutional texts, and required the legislator to respect them.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.