Abstract
The development of a second phase of constitutionalism is
evident in Lebanon through the Conseil Constitutionnel. It is
the supreme court in Lebanon for actions and acts as a court
of individual liberties and rights based on the constitutional
laws of the Lebanese Republic. While not active recently, the
court has established itself as a strong check on the government.
The court is based on the French Conseil Constitutionnel and
this paper seeks to argue that the two courts, while being
very similar, are not one and the same. The Conseil d’Etat in
Lebanon displays key differences from its French counterpart.
While a decision of the Conseil Constitutionnel in France will
take up no more than a page and will do little to explain its
reasoning, the Conseil Constitutionnel in Lebanon spends
considerable time in its decisions both explaining its
reasoning, dividing its decisions into sections, and
attempting to more close resemble the style of decision that
appears in common law countries.
But there is something else that is truly profound in the
decisions made by the Conseil Constitutionnel: they refer to
France and French commentary on laws. Interspersed with their
writings in Arabic are “jurisprudences” from France. This is
unique in the Arab world, but very much like the relationship
the U.S. court system has with the United Kingdom. This paper
posits that this relationship and dialogue is at once unique,
Arab, and European. These overlapping spheres create a
dialogue between the court and, ultimately, the Lebanese people.
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