The Role of the Judicial Judge in Controlling the Hierarchy of Norms
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Judicial judge, hierarchy of norms, conventionality control, constitutional control, Priority Constitutional Questions, rule of law
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Abstract
This document explores the control of the hierarchy of norms by the judicial judge, including conventionality control and constitutional control, and how it ensures the rule of law in the framework of Priority Constitutional Questions.
Extract
[...] How does the judicial judge ensure the rule of law through the hierarchy of norms? I. An effective control of the hierarchy of norms by the judicial judge The control of the hierarchy of norms by the judicial judge is carried out on the occasion of the control of conventionality but also when examining the admissibility of a Priority Constitutional Question The conventionality control The conventionality control is defined as the verification of the conformity of laws to international treaties. [...]
[...] The Constitutional Council will be seized by the judicial judge after having examined the conditions for the transmission of the Priority Constitutional Question. Thus, it is up to the judicial judge to examine the receivability of a Priority Constitutional Question. As a result, the control of the hierarchy of norms by the judicial judge is carried out in his intervention as to the receivability of a QPC. II. A limited control of the hierarchy of norms by the judicial judge The action of the judicial judge is limited within the framework of the constitutional controlA). [...]
[...] Consequently, the judicial judge's role in the framework of constitutional control is limited to assessing the conditions of the Priority Constitutional Question. The Effect of Conventionality Control Unlike the constitutional control carried out by the Constitutional Council, where the decision of the latter allows for the repeal of the unconstitutional law, the judicial judge will simply refuse to apply the unconventional law. He does not have the competence to repeal a law during the dispute. Under these conditions, the scope of the judicial judge's decision is limited. [...]
