6 ms·
I don't know how it works in France, but in common law systems opinions of other courts are always at least capable of being persuasive (not binding) precedent,
by jbstack 8mo ago
I don't know how it works in France, but in common law systems opinions of other courts are always at least capable of being persuasive (not binding) precedent, so they are not irrelevant. Other courts can be, and often are, influenced by persuasive precedent when appropriate.
- thrance 8mo agoThe Conseil d'État isn't even a court per se, it doesn't make rulings, it doesn't set precedents. Its only job is to make sure that new laws voted by Parliament aren't unconstitutional. And when they are, they simply remove the part deemed so, and have to let the rest pass through.
- timpera 8mo agoYou are confusing the Conseil d'État with the Conseil constitutionnel. The Conseil d'État definitely makes rulings and sets precedents. However, it cannot control the constitutionality of laws.