A kör hatszögesítése, avagy a francia konstitucionalizmus útja az alkotmányos dialógusig
Hexagonization of the Circle, or the Path of French Constitutionalism toward Constitutional Dialogue: Stories, Theories and Reasonings

Summary/Abstract: This paper investigates the development of French constitutionalism from both historical and theoretical perspectives. The focus is on the contribution of the French Constitutional Council, which has received a great deal of attention since its 1971 ruling on freedom of association. The second great milestone in its development was the 1985 decision introducing a definition of constitutionalism. Henceforth it was a requirement that every law, being an expression of general will, should be in accordance with the French constitution. The first part of my paper looks at the birth of constitutional adjudication in France and at the Republican legacy as a serious hindrance to this development. The second and third parts consider two contemporary and peculiar justifications – the procedural (positivist) and the deliberative – in French constitutional adjudication. The main issue here is whether constitutional judges are allowed to substantively review the laws in question, or should restrict themselves to checking the constitutionality of the decision-making procedure. In the conclusion it will be argued that the possibility of a constitutional dialogue is not contrary to any of the discussed justifications and it fits the historical legacy of the French constitutionalism, too.

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