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The Judicial Review of Ex Ante Impact Assessment in France: An Attempt to Fuse the Principles of Legal Certainty and Institutional Balance

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Abstract:

Recent reforms have inaugurated a new and important role for both the Conseil Constitutionnel and the Conseil d'Etat with regards to the impact assessment for legislative acts. As part of a wider ranging reform of parliamentary procedure, both the advisory capacity of the Conseil d'Etat and the judicial review of legislative acts by the Conseil Constitutionnel underscore the importance of impact assessment in order to enhance the degree of evidence based lawmaking. An original feature lies in the assistance of the supreme courts to the government to discipline the Ministries and the Administration. As a result, organization and process were modernized, with the additional perspective for the Chambers of Parliament of an improved institutional balance vis-à-vis the Executive.

Keywords: AUDIT; CHAIRMEN'S CONFERENCE; CONSEIL CONSTITUTIONNEL; CONSEIL D'ETAT; IMPACT ASSESSMENT; JUDICIAL REVIEW; LEGISLATIVE ACTS; LEGISTICS; PARLIAMENT; PRIME MINISTER'S OFFICE

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/17521467.6.3.379

Publication date: December 1, 2012

More about this publication?
  • Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
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