Brief on Behalf of Appellants - France

Troper, Michel

Journal: Cardozo Law Review

Volume: 18

First Page: 1763

Year: 1997

Bluebook Citation: 18 CARDOZO L. REV. 1763 (1997)

Author: Michel Troper: all 5 publications


Abstract

The National Brotherhood and Sisterhood Youth Organization Act (the "Act") is contrary to the Constitution of Harmonia as interpreted with reference to the French constitutional tradition. According to that tradition, constitutional review of legislation can be exercised only in abstraction-independent of the application of the statute. Therefore, the Act will be evaluated without considering Mr. Bovary's specific situation. It appears that the Act is clearly unconstitutional because it violates the principles stated in Article 1 of Harmonia's Constitution: liberty, equality, tolerance, and the fundamental principles recognized by the laws of the Republic.

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