Objectivity and subjectivity in constitutional litigation.
The place of subjective interests in constitutional litigation
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The rules of civil procedure are said to be "the mother of all procedures". In constitutional litigation, they apply in a suppletive capacity to the law on the Court. The central question of this work is to know to what extent the rules of civil procedure, which are fundamentally subjective in nature, are applicable to constitutionality litigation, which is in principle objective? What is the place of subjective interests in constitutionality litigation? More precisely, is the dispositive principle applicable to constitutional litigation? And does the "recourse" is unconstitutionality, constit...
The rules of civil procedure are said to be "the mother of all procedures". In constitutional litigation, they apply in a suppletive capacity to the law on the Court. The central question of this work is to know to what extent the rules of civil procedure, which are fundamentally subjective in nature, are applicable to constitutionality litigation, which is in principle objective? What is the place of subjective interests in constitutionality litigation? More precisely, is the dispositive principle applicable to constitutional litigation? And does the "recourse" is unconstitutionality, constitute an action obeying the conditions of existence of the legal action? Are there parties in the constitutionality litigation? Can third parties have access to the proceedings? What is the role of the parties in the proceedings? To what extent can the decision benefit them?
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