Le recours aux précédents étrangers par le juge constitutionnel français

Abstract : Beyond the title of this work, which deserves to be put into perspective in the French case, the objective of this research was to study, from a global perspective, the relationship between the Constitutional Council and foreign rights. It was thus part of a new perspective of applying some of the analyses developed as part of the doctoral work. In view of certain specific features of French constitutional litigation, relating in particular to the drafting style of decisions, the approach adopted was not limited to the study of case law but also included the judges' discourse, their careers (have they studied abroad, do they master foreign languages, etc.) and their relationship with doctrine, particularly with regard to the specific question of the use of foreign legal solutions. It was also necessary to address the specific features of the French legal system, such as the context in which the Constitution was adopted and the legal tradition (also integrating the Council's reasoning techniques, its general relationship to international case law, etc.) in order to assess the degree of propensity for comparison by the Council. The assessment of this sensitivity to foreign rights should also take into account the resources made available to Council members and showed that certain implicit influences as well as the importation of certain decision-making techniques could be identified.
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Submitted on : Thursday, March 28, 2019 - 7:29:27 AM
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  • HAL Id : hal-02082116, version 1



Alexis Le Quinio. Le recours aux précédents étrangers par le juge constitutionnel français. Revue internationale de droit comparé, Société de législation comparée, 2014, 2, pp. 579-602. ⟨hal-02082116⟩



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