본문 바로가기
  • Home

A Study on the Constitutionality Priority Question of France

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.885-901
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

BAEK YUN CHUL 1

1대구사이버대학교

Accredited

ABSTRACT

In France, the unconstitutional law review system was denied as the principle of national sovereignty and separation of power was established by the Great Revolution of 1789. In other words, as a result of the revolution, sovereignty was transferred to the people, and in reality, the body exercising it was the parliament, and the judicial body's examination of the Parliamentary Law was naturally against the principle of national sovereignty and separation of powers. On top of that, the Constitutional Court could not be recognized because the court had a conservative nature that hindered social reform and the judge was distrusted that he was making arbitrary trials. If the law is declared null and void once it is put into effect, there will be not much social confusion involved. To this end, a pre-qualification review can be made on laws, treaties, and rules of association under the Constitutional Court of the Fifth Republic of France. In other words, this refers to a system that examines the unconstitutional nature of a law before it is promulgated, and thus withholds its fear and enforcement if it is deemed unconstitutional. It is meaningful to adopt the system because once the law is enacted and nullified, it could undermine its legal stability. However, such a system was introduced in addition to the drastic amendment of the Fifth Republic Constitution, which took effect on July 23, 2008, to review the post-constitutional constitution of the law. This is referred to as a matter of post-constitutional review or constitutionality priority (QPC). This led to the existence of two methods in the review of the constitutionality of laws in France. The existing pre-examination and the post-examination introduced by the amendment. However, although this review is said to be a method based on the unconstitutionality, it is different from the U.S.-type secondary system. In other words, France's preliminary review of unconstitutional laws was made possible with the amendment of the Constitution on July 22, 2008, enabling the post-regulatory regulation of laws from March 1, 2010. Article 61-1 of the newly established Constitution stipulates unconstitutional judgment procedures for the current law in force, along with the existing pre-constitutional review system. In this paper, we will review the history of introducing QCA and review the significance of its introduction, while explaining the outline of this system.

Citation status

* References for papers published after 2023 are currently being built.