O processo constitucional Francês

Abstract

A dispute regarding the implementation of a legislative measure, a judgment on this dispute based on the principles of the public hearing of both parties and the impartiality of the court, a decision bearing the authority of final judgment: all the ingredients of a trial are present. They can be improved, complemented, developed, and in this respect one should stress that the mode of nomination of the constitutional judges is no longer adapted to their judicial functions. Yet, neither the Court of Cassation nor the Council of State have at one go respected all the formal and material criteria of the trial. Indeed, what is happening at the Constitutional Council is a real constitutional trial, without inverted commas.