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550 CONSTITUTIONAL COURT JUDGES’ ROUNDTABLE The requirement of due process is permanent and applies to any situation in which a court must decide a conflict within the ambit of its judicial compe- tence. By contrast, the principles that guide the formulation of fair process must be examined one by one and attain particular relevance with respect to constitutional matters. Due and fair process is without a doubt one of the most significant develop- ments in constitutional justice today; it is the means the constitution itself provides for resolving conflicts. In conclusion, I would say that adjudication without due and fair process is only an ideal of justice—an illusion. doi:10.1093/icon/moi034 Olivier Dutheillet de Lamothe Member, Conseil constitutionnel France The Conseil constitutionnel has not witnessed the sort of major theoretical debates on comparative constitutional law as have taken place in the United States Supreme Court, for example. Comparative constitutional law has developed in the Conseil constitutionnel along the following lines: It is a practice that is not imposed by law. In contrast to other constitutional courts, such as that of South Africa, the Conseil is not required by any law to refer to comparative law in its decisions; It is more
International Journal of Constitutional Law – Oxford University Press
Published: Oct 1, 2005
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