@article{ART002493848},
author={BAEK YUN CHUL},
title={A Study on the Constitutionality Priority Question of France},
journal={Public Land Law Review},
issn={1226-251X},
year={2019},
volume={87},
pages={885-901}
TY - JOUR
AU - BAEK YUN CHUL
TI - A Study on the Constitutionality Priority Question of France
JO - Public Land Law Review
PY - 2019
VL - 87
IS - null
PB - Korean Public Land Law Association
SP - 885
EP - 901
SN - 1226-251X
AB - 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.
KW - Post-control;Constitutionality Priority Question;Constitutional Court;Administrative Supreme Court;Supreme Court
DO -
UR -
ER -
BAEK YUN CHUL. (2019). A Study on the Constitutionality Priority Question of France. Public Land Law Review, 87, 885-901.
BAEK YUN CHUL. 2019, "A Study on the Constitutionality Priority Question of France", Public Land Law Review, vol.87, pp.885-901.
BAEK YUN CHUL "A Study on the Constitutionality Priority Question of France" Public Land Law Review 87 pp.885-901 (2019) : 885.
BAEK YUN CHUL. A Study on the Constitutionality Priority Question of France. 2019; 87 885-901.
BAEK YUN CHUL. "A Study on the Constitutionality Priority Question of France" Public Land Law Review 87(2019) : 885-901.
BAEK YUN CHUL. A Study on the Constitutionality Priority Question of France. Public Land Law Review, 87, 885-901.
BAEK YUN CHUL. A Study on the Constitutionality Priority Question of France. Public Land Law Review. 2019; 87 885-901.
BAEK YUN CHUL. A Study on the Constitutionality Priority Question of France. 2019; 87 885-901.
BAEK YUN CHUL. "A Study on the Constitutionality Priority Question of France" Public Land Law Review 87(2019) : 885-901.