Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-26T06:16:22.978Z Has data issue: false hasContentIssue false

2 - Proportionality in French Public Law: Plus Ça Change, Plus C’est la Même Chose

from Part I - Questioning the Success of Proportionality

Published online by Cambridge University Press:  08 July 2021

Afroditi Marketou
Affiliation:
Université du Luxembourg
Get access

Summary

This chapter traces the spread and evolution of proportionality in French public law. I argue that the most important advances in French judicial review have occurred without recourse to proportionality terminology. And where this terminology finally spread in case law, it has not brought about radical changes to judicial methods. In reality, proportionality has been much more useful in the analysis and the reconstruction of judicial practice than in the justification of judicial decisions. Contrary to the dominant view, which traces the first applications of proportionality back to the 1930s, the chapter shows that proportionality language emerged in expropriation case law during the 1970s. Soon, the concept of proportionality in the legal literature was detached from the actual application of proportionality as a norm or principle. In the context of constitutionalisation of the legal order, proportionality was recognised as a constitutional principle and was transferred as a method for the adjudication of constitutional rights. However, a survey of the relevant practice reveals a peculiar French version of proportionality analysis.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×