'Reasonableness' as a Test for Judicial Review of Legislation in the French Constitutional Council
Title: 'Reasonableness' as a Test for Judicial Review of Legislation in the French Constitutional Council
Author: FABBRINI, Federico
Citation: Journal of Comparative Law, 2009, 4, 1, 39-68
The article analyzes the emergence of a “reasonableness” review in the jurisprudence of the French Constitutional Council. With the notion of “reasonableness” review the article identifies a pervasive standard of review which allows the judiciary to significantly interfere with the discretionary powers of the political branches. The article outlines the main developments of a “reasonableness” review in the case law of the French Constitutional Council and contextualizes these judicial evolution with the formal changes in the Constitution of 1958.
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