The French Constitutional Council decision handed down yesterday - décision N. 2010-92 of January 28, 2011 considered that it should not interfere in setting the scope of the legislature to decide what its role was not ruling on the marriage of same sex. In his languid sentence - carried out through a " Priorité QPC-question of the Constitutionality" - made by two women who raised Reims that two articles of the Civil Code were contrary to the Constitution of 1958 and indicating that the marriage was a contract between a man excluding women and other couples, it was considered that the law neither prohibits nor allow such unions and that there was a function of the Constitutional Council to replace the will of the legislature, the only jurisdiction in the matter.
Bad taste in mouth leave this decision of the French Constitutional Council maintains a status quo that does not consult with the reality of their neighbors. In essence, a decision reaffirming the prevalence of the French parliament as depositary quasi all of the popular will, an element that underpins the structure of the French Republic and few swings have occurred in its history.
decision here:
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