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 Poder Judicial de la Federacion Estados Unidos Mexicanos

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

Revolution of Legislation

Declaration of Man and the Citizens August 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.

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

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

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

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

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

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