Ali F. J. Constitutional censorship on legislations A case study of the French Constitutional Council

Abstract

             To ensure the stability of civilizations, a coherent legal framework must govern the interactions between individuals and institutions. As a large-scale social entity, the state is subject to a hierarchy of legal rules, where lower-level laws must conform to higher legal norms, especially the constitution, which is the supreme legal authority. Any legislation that contradicts the constitution is deemed unconstitutional. Constitutional judicial oversight plays a vital role in verifying the compatibility of ordinary laws with constitutional provisions. This study focuses on the French Constitutional Council, which has emerged as a key constitutional body with an evolving role in judicial review, particularly after the 2008 constitutional reform that introduced the Priority Preliminary Ruling on the Issue of Constitutionality (QPC). The French model combines both ex ante and ex post constitutional review, offering valuable insights into the mechanisms for protecting constitutional integrity and individual rights within a rich legal and historical context.