Jon Krause

法国的司法革命

巴黎——QPC作为一个重要而崭新的缩写已经被收录进法国的政治词汇,它所代表的涵义是相当严肃的“优先初步裁决合宪性问题”。QPC是2008年7月法国宪政改革的组成部分,按照它的规定,参与法律诉讼的任何公民现在都有权就某项法律规定的合宪性提出质疑。

这是一项影响深远的创举。法国很久以来以让·雅克·卢梭的哲学体系为特色,一直把公意的代表,也就是法律尊奉为最高等级的司法规范。因此,对评估法律合宪与否的敏感性一直主导着法国人的思维。

1958年查尔斯·戴高乐版宪法之前甚至连宪政委员会对法律进行有限度的评估都不被允许,这之后对法律合宪性的评估也只能小心翼翼。事实上,宪政委员会的评估是一种预先评估,时间就选择在法律通过后的一个月,而且只有总统、总理、国民议会和参议院主席等四名官员有权发起审阅。

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