Though the remedy of certiorari has existed for centuries in the United States and the United Kingdom, the French system is fairly modern. The formal certiorari process was not even available in France until the 2008 constitutional reforms, which did not go into effect until 2010. In this Article, the Authors trace the development of the remedy of certiorari in the United States and France in an effort to draw conclusions on how the remedy and its use are similar and different under the two systems.
While this Article points out many fundamental differences that still exist between the two systems, it nevertheless proposes that the 2008 constitutional reforms in France have brought the French certiorari model closer to the United States’ model. As a result of these comparisons, this Article provides valuable insight into the development of the remedy of certiorari in both the United States and France, as well as an examination of the similarities and differences between the two systems.