In the shadow of the constitutional council
The ‘juridicisation’ of the legislative process in France
Bibliographic Data
| ID | 6407067 |
|---|---|
| Authors | Alec Stone (University of Washington, corresponding author) |
| Year | 1989 |
| Volume | 12 |
| Issue | 2 |
| Pages | 12-34 |
| Publication date | 1989-04-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | West European Politics (JOURNAL) |
| Journal identifiers | ISSN: 0140-2382 • E-ISSN: 1743-9655 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/01402388908424736 |
| OpenAlex | W2053271123 |
| Language | EN |
| Citations received | 11 |
| References cited | 3 |
This study examines, first, why and how the French Parliament was 'juridicised', that, is, gradually placed under the tutelage of the Constitutional Council, and, secondly, the influence of past Council jurisprudence and the threat of future censure on the legislation of the 1986 parliamentary sessions. This influence is greater than has been heretofore acknowledged ‐ indeed, one simply cannot assess the legislative process without understanding the role, direct and indirect, of the Council. Assessment of the legislative effects of Council control of legislation shows that the controversy surrounding the legitimacy of judicial review in France, and the extent to which the Council functions as a gouvernement des juges, is understandable and probably permanent
Constitutional review · Judicial review · Jurisprudence · Legislation · Legislative process · Legislature · Legitimacy · Parliament · Political science · Politics · Shadow (psychology · International Law and Aviation · Law · Public Administration
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The Quebec Constitution
Lawyers, judges, and the obstinate state
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Judicial review and political empowerment
The New Constitutional Politics of Europe
Where Judicial Politics Are Legislative Politics
The Relevance of the State for Party System Change
Rules, Dispute Resolution, and Strategic Behavior
Judging Socialist Reform
Pushing Boundaries
| Citations per year | 0.31 |
|---|---|
| Citation span | 1990 - 2022 (33) |
| Highly cited | No |