A kör hatszögesítése, avagy a francia konstitucionalizmus útja az alkotmányos dialógusig

Abstract
This paper investigates the development of French constitutionalism from both the historical and the theoretical perspectives. The focus is on the contribution of the French Constitutional Council, which has received a great deal of attention since its 1971 ruling on freedom of association. Undoubtedly, the second great milestone in its development was its 1985 decision introducing a definition of constitutionalism. Henceforth it was a requirement that the every law, being an expression of general will, should be in accordance with the French constitution. The first part of the paper looks at the birth of constitutional adjudication in France and at the Republican legacy as a serious hindrance to this development. The second and the third parts consider two contemporary and peculiar justifications – the procedural (positivist) and the deliberative – in French constitutional adjudication. The main issue here is whether constitutional judges are allowed to substantively review the laws in question, or should restrict themselves to checkicng the constitutionality of the decision-making procedure. The conclusion explores the prospects for constitutional dialogue in view of the possible revision of the constitution, in reponse to the question formulated by the Constitutional Council.