프랑스 헌법재판에 관한 연구

The French Constitution sets out a special procedure that is different from that of ordinary laws in its enactment or amendment. In the latter case, control by the Supreme Court of Administration was recognized in the latter case and no special safeguard was taken in relation to the former for any infringement of such constitution by legislative or administrative authority. This was due to the traditional ideas and public sentiment of the legislative superiority that regards legislative power as the ultimate collateral for democracy and freedom. Some argued for the need for a system of review of unconstitutional laws, but failed to legislate them, and the upper hand of legislative, administrative and judicial powers was to recognize the fourth power of "constitutional" and to grant such powers to judicial power was considered dangerous because of distrust in judicial power traditionally maintained since the old system. However, the Fifth Republic, born after suffering a national crisis due to the incompetence of legislative power, began a new system of the Constitutional Court, which had a constitutional review function under certain conditions in order to better protect the constitution from possible infringement by legislative power by living up to the above experience of the Fourth Republic. With the amendment of the Constitution on July 23, 2008, this paper was adopted as a priority issue for the constitutionality of laws already applied in a specific trial, in addition to the pre-examination, if the constitutionality review of laws before promulgation is reversed in the legislative process, which was the main form of the constitutionality review of laws until then. As a result, the so-called unconstitutional review of the so-called European-style Special Constitutional Court was widely established in France, both in advance and posthumously. But what was the system of unconstitutionality developed in France in the early years? Is it like a trial? Or what is the Constitutional Court in charge of the Constitutional Court? Especially between powers, which organization does the Constitutional Court hold? Without looking at this, it is difficult to grasp the nature of the unconstitutionality trial in France. This paper is an overview of the trials of France and discusses the constitutionality review and legal nature of the Constitutional Court.