The Study On The Changes Of The Function In French Constitutional Review

Throughout the entire history of constitutional development in France,from the early"Senate" to the current "Constitutional Council",all the countries in the constitutional review of active exploration.So,in its history,what is the change in the function of French constitutional review?At every stage of development system is any rules?What is the purpose of legislators to make this provision?In the practice of unconstitutional review,how does its function go?However,what is the difference between the function of France's unconstitutional review and the function of unconstitutional review in the United States,Germany and other countries?Is there any guiding significance for the relevant system in our country?This article is mainly based on the 1958 Constitution as a point of time,respectively,introduced before the 1958 Constitution promulgated in the history of modern history of the review of unconstitutional provisions and exploration of the constitutional review of the constitutional act in 1958 and made what kind of premeditated provisions,the 1974 Constitution Amendment and the Constitutional Review of 2008 Constitutional Reform.In different periods of constitutional reform,how unconstitutional review develops step by step,and what role the constitutional reform has played in promoting its development,and the whole process of constitutional review and development in France is unveiled.Finally,the article also compares the French constitutional review with the American and German models,further emphasizes the characteristics of the French constitutional review and the reference to the establishment of the constitutional review system in our country.The first part introduces the relevant provisions of the 1799 Constitution,the senate established by the Constitution of 1852 and the constitutional council established by the constitution of the Fourth Republic in 1946.The article separately analyzes the background and purpose of these three laws making the constitutional review.After the promulgation of the first two constitutions,due to the centralized power of Napoleon and Napoleon III,the constitutional review stipulated in the two constitutional laws can hardly play any function in practice.The constitutional council set up in 1946,however,was overwhelmed by the political turmoil in the Fourth Republic and the parliamentary powers were too great to eventually lead to its functions being rendered useless.The second part mainly expounds the new stipulation of constitutional review in 1958 and its function in practice.Chapter VII of the Constitution of 1958 provides for constitutional commissions,while legislators demand that constitutional commissions reach the goal of limiting parliaments and balancing politics.In the 1960s,the Constitutional Council also greatly restricted the functions of the parliament within the limits of the law.However,at this time it did not examine the constitutionality of the law that passed the referendum.Until the verdict of the Freedom of Association was started in 1971,the Constitutional Council began to play its part in safeguarding the fundamental rights and freedoms of citizens.The third part mainly elaborates on the constitutional.reforms of 1974 and 2008 and their influence on the function of constitutional review.The main content of constitutional review in the constitutional reform in 1974 is the addition of the body of application for constitutional review-60 members can also apply.This provision is also conducive to the Constitutional Commission in practice,the parliamentary minority rights relief and the realization of the basic rights of citizens.The constitutional reform in 2008 added ex post facto review,the "constitutional precedent issue" procedure.The increase in ex post facto reviews further perfected the French constitutional review system.Since then,protecting the basic rights of citizens can be said that the constitutional commission to play the most important function.The fourth part mainly compares the review mode of the French Constitutional Commission and the common court review mode of the United States,the review mode of the German Constitutional Court and the review mode of the NPC Standing Committee in China,Several Inspirations of Unconstitutional Examination System.