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Different systems and concepts of constitutional review within the Civil Law tradition in Europe

Poder Judicial de la Federacion Estados Unidos Mexicanos. Different systems and concepts of constitutional review within the Civil Law tradition in Europe. Video-Conference of Prof. Thomas Fleiner December 2nd/3rd Zacatecas Mexico. French Revolution. Subjugation Of the

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Different systems and concepts of constitutional review within the Civil Law tradition in Europe

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  1. Poder Judicial de la Federacion Estados Unidos Mexicanos Different systems and concepts of constitutional review within the Civil Law tradition in Europe Video-Conference of Prof. Thomas Fleiner December 2nd/3rd Zacatecas Mexico

  2. French Revolution Subjugation Of the Judiciary to The Legisla- ture Revolution of legislature and its mono- poliy for Law Making Fabrication of Public law Napoleon

  3. Revolution of Legislation

  4. Declaration of Man and the Citizens August 26 1789 Article 6 6.  Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents.

  5. Consequences Legislation is The expression of the General Will (Volonté Générale) Adjudication Is the application of the General Will of the Legislature Actually four different options in Europe British Influence (also Human Rights act) German Influence French influence No constitutional review of statutes but EHRC

  6. Fabrication of Public Law Reason: Instrument: Consequence: Changing society Priority of politics Aristocratic Judiciary Development of administrative Law Judiciary With limited Powers of the Courts Fabrication of Public and administrative law

  7. Consequences Limited Administrative Judiciary No constitutional Review By legislature No constitutional Review by court decision France Germany

  8. Development of Constitutional Review Contradictory Concepts Theory of Hierarchy of norms Kelsen Volonté Générale General Will Rousseau Influence of the European Convention on Human Rights

  9. Constitutional Review After World War II By Constitution Makers Limited Constitutional Review French model General Constitutional Review: German model Constitutional Council How to overcome the Volonté Générale History Roots: Reichsgericht, Weimar, Austria 1958-71: Protection Executif Specialized Court with Large and general Competences individual Access individual Access 1971 Preamble and Human Rights Opposi- tion 2010 Protection Citi- zens

  10. European Courts European Court of Justice European Court of Human Rights Development Of European Human Rights Law Motor of the European Integration

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