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Words: | Submitted: Fri Jan 28 2005
... to limit the power of the legislative, so that the proper functioning of the executive is not inhibited and the latter's powers are not encroached upon2 (cf. Part 2). Before deciding on such a question of law, however, a special procedure, a saisine3, is required, namely it has to be "asked" to do so by either the Président of a). the French Republic / b). the Senate / c). the Assemblé Nationale, or by the Prime Minister, or by 604 a). députés / b). sénateurs. This saisine means, in practice, that neither an individual, nor a public body, nor a court, nobody other than those referred to in the 1958 Constitution, possesses locus standi and can even question the validity of a law. A further (yet less vital) limiting factor, is the point of time at which a law can be challenged, for this can only occur prior to a ...
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