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> France is a "civil law" country. Courts there cannot "make new laws", they can only invalidate them. (And as far as I know this applies in general to all civi
by majewsky 6y ago
> France is a "civil law" country. Courts there cannot "make new laws", they can only invalidate them. (And as far as I know this applies in general to all civil law countries.)
The German Supreme Court has, on two occasions, declared new constitutional rights: the right to informational self-determination (when deliberating a census process law) and the right to integrity of data processing systems (when outlaying voting computers). I don't know if that counts though since technically they argued that other constitutional rights implied these rights (but weren't mentioned explicitly because the German Basic Law was drafted in 1949).