خلاصة:
This article examines the phenomenon of the constitutionalization of law in France. After referring to the issue of the accumulation of fundamental norms and their subsequent dissemination as constituent elements of the constitutionalization process of the legal order, the author attempts to enumerate the direct and indirect effects of this phenomenon. He mentions judicialization, elevation, and transformation as direct effects, and the modernization of law, the unification of the legal order, and the facilitation of the legal order as indirect effects of the phenomenon of the constitutionalization of law.
ملخص الجهاز:
After referring to the issues of the accumulation of constitutional norms and then their dissemination as constituent elements of the process of constitutionnalizing the legal order, the author attempts to enumerate the direct and indirect effects of this phenomenon.
Article Outline Foreword Section One: The Process of Constitutionnalization Part A: Accumulation of Constitutional Norms Part B: Dissemination of Constitutional Norms Section Two: Effects of Constitutionnalization Part A: Direct Effects: Three Types of Constitutionnalization 1- Constitutionnalization-Judicialization (*)- La constitutionnalisation du droit franc?ais This article was published in the book "Unity of Law" in honor of Professor Roland DRAGO by Economica Paris Publishing in 1996.
" Texts that about fifteen years ago were considered very ambiguous "to be effective without the intervention of the legislator" (for example: "The nation guarantees to every individual and to every family the conditions necessary for their development"), are today not only directly applied by the ordinary judge but their violation can lead to (26)- Technique du contro?le a priori (27)- Contro?le a posteriori (28)- Diffusion des normes constitutionnelles et l?impre?gnation de l?ordre juridique par celles-ci (29)- Normativite?
Very clearly, one can refer to this report concerning one of the opinions of the Public Affairs Section of the Council of State dated 1990: "The transformation of the jurisprudence of the Constitutional Council, in line with its past decisions regarding this same subject, makes the re-examination of the issue at hand regarding the choice between administrative sanctions and criminal sanctions more necessary than ever; these choices themselves have effects on the scope of powers— (37)- Jurisprudence (38)- De?cisions (39)- Les grandes de?cisions du Conseil constitutionnel,7?e?d,.