September 30, 2025

The Correlation of Constitutional Law and Fundamental Rights and Freedoms: A View from France

Puntos clave

Fundamental rights play a crucial role in French constitutional law, impacting judicial interpretation significantly.
Traditional interpretations of rights limit constitutional law's scope, as seen in Western European practices.
Insights from Eastern European legal bodies indicate potential ways to expand the understanding of constitutional law.
Understanding national values is essential to overcoming restrictive legal interpretations in constitutional frameworks.

Resumen

The author analyzes the concepts of modern French jurists who pay attention to the priority position of fundamental rights and freedoms in the constitutional law of France and other European states. At the same time, he notes that the traditional approach to the interpretation of constitutional provisions on fundamental rights and freedoms, supported by both doctrine and judicial practice, restricts constitutional law and creates an insurmountable horizon for it, by which most Western European constitutional judges are guided. However, according to the author, the legal positions of the constitutional control bodies of Eastern European countries allow us to conclude that it is possible to overcome such a horizon by contrasting it with basic national values.

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Cite This Study

Stéphane Caporal-Gréco (Sun,) studied this question.

synapsesocial.com/papers/68dbf62d40939207b8fd4ea6 https://doi.org/https://doi.org/10.35853/vestnik.gu.2023.2(41).04