The Correlation of Constitutional Law and Fundamental Rights and Freedoms: A View from France

The author analyzes the concepts of modern French jurists who pay attention to the priority position of fundamental rights and freedoms in the constitutional law of France and other European states. At the same time, he notes that the traditional approach to the interpretation of constitutional provisions on fundamental rights and freedoms, supported by both doctrine and judicial practice, restricts constitutional law and creates an insurmountable horizon for it, by which most Western European constitutional judges are guided. However, according to the author, the legal positions of the constitutional control bodies of Eastern European countries allow us to conclude that it is possible to overcome such a horizon by contrasting it with basic national values.