The most signifi cant event politically during the last eight years has been the
global recession. The European bailout of the Greek government has been
unsuccessfully challenged at a constitutional level in Germany, and some case law
has been generated by the change in economic conditions. But a shadow has
also been cast over the optimism about European integration that existed a
decade ago.
The most signifi cant event legally is probably the amendment to the French
Constitution that now allows challenge to French legislation by reference from a
court to the Conseil constitutionnel on the ground that it infringes constitutional rights
and freedoms. This makes France more like Germany so far as the status of its
legislation is concerned. It also justifi es the emphasis in Chapter 4 (on human
rights) on case law rather than legislation. Legislation may be good law, expressing
and even concretising constitutional rights correctly, or it may be bad law, liable
to be struck down at any time by the constitutional court in Germany or France
on the basis that it is unconstitutional, and even in England declared by a higher
court to be incompatible with a human right, although remaining valid. Legislation
in any of these countries may be condemned by the European Court of
Human Rights. In this sphere, the judgments of the courts become increasingly
important. In France, the constitutional amendment also has the effect of making
national human rights (previously neglected in favour of European ones) more
important.
England has moved closer to France and Germany by means of the enactment
of the Fixed-Term Parliaments Act 2011. It remains to be seen whether this piece
of ordinary legislation will have the desired effect of chaining governments to an
electoral timetable or whether it will be possible for the timetable be overridden in
diffi cult circumstances, in the manner allowed in Germany.