Antecedents to the idea of constitutional control in the French legal thought of the EnlightenmentAbstract
In this article, I consider the institution of constitutional control and its development during the Enlightenment. I stress that enlighteners thoroughly disapproved of French parliaments as forerunners of modern bodies of constitutional justice and explain why this was the case. In an early modern state, conditions for constitutional control and its very possibility were viewed in conjunction with the principles of sovereignty and the division of power. I conclude that the enlightenment doctrine of general will affected the perception by enlighteners of how the function of control over the constitutionality of laws and other normative legal acts was vested in an authority.