The legitimacy of constitutional control by the federal senate from its french origin

Abstract

The preservation of the normative force of the Greater Law is a necessity in a Constitutional State. In view of this, it is indispensable to improve the constitutional control mechanisms, in order to increase their efficiency and scope. It is also known that the Legislative Power is the main responsible for the implementation of the constitutional provisions, by obeying the material and procedural provisions of the Constitutional Text. Thus, the aim of this work is to control constitutionality by the national Parliament, both as regards the legislative process and the provisions themselves, as a fundamental part of the legislative process itself, through, inter alia, the so-called Parliamentary Committees, from French experience through bibliographic and documentary research. The present work is justifiable, since, of course, the entry of unconstitutional legal provisions in any legal system causes the weakening of the normative force of the Federal Constitution, as well as demand repressive action of the Federal Supreme Court. It concludes by the legitimacy of the preventive control of constitutionality by the Senate.