France: Patterns of Argumentation in Constitutional Council Opinions

CONSTITUTIONAL REASONING IN COMPARATIVE PERSPECTIVE, Forthcoming

23 Pages Posted: 21 Mar 2012

Date Written: March 20, 2012

Abstract

The present report examines the argumentative practices of the French Constitutional Council. It demonstrates that the evolution of constitutional discourse in France, as reflected in Constitutional Council opinions, parallels to a large extent the institutional development of constitutional adjudication. While retaining many of the idiosyncrasies that identify them with the French legal and political culture, both the institutional configuration of judicial review and constitutional reasoning have moved closer to what is increasingly seen as the European norm.

Keywords: Judicial Opinions, Constitutional Council, France, Constitutional Interpretation, Legal Discourse, Constitutionalism, Fifth Republic

Suggested Citation

Dyevre, Arthur, France: Patterns of Argumentation in Constitutional Council Opinions (March 20, 2012). CONSTITUTIONAL REASONING IN COMPARATIVE PERSPECTIVE, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2026396

Arthur Dyevre (Contact Author)

KU Leuven ( email )

Tiensestraat 41
Leuven, B-3000
Belgium

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