Strengthening Subsidiarity by Integrating the Court's Case-Law: The Role of the Constitutional Court and Constitutional Right to Appeal (Human Rights & Legal Affairs‪)‬

Introduction At the beginning of the 21st century one cannot speak of a modern democratic state without instilling human rights as the highest value of the rule of law. In addition, the relationship between the individual and the state is very dynamic and fluid. The general precondition for the functioning of a state based on the rule of law in which human rights are properly placed and valued, is a free and democratic state, which, together with various non-governmental institutions, informs and educates its population and which, specifically, encourages the development of forms and methods of protection of guaranteed human rights and freedoms. One of the most eminent French constitutionalists ('le doyen' Georges Vedel) put it simply by saying that the control of constitutionality is "part of the contemporary comfort of the democratic states" and that "France has reached that following the example of its European neighbours, not because it is fashionable but in order to have a better life". (2)