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The Immigration and Asylum decision , Decision of Sept. 3, 1986, Con. const., 1986 J.O. 10790, 10792

Facts: an amendment to the Immigration laws was proposed. One provision called for the extension of the period of detention from twenty-four hours to seventy-two hours for illegal immigrants. Another provision provided that foreigners presenting a threat to the public order would be expulsed.

Holding: the Conseil Constitutionnel upheld the amendment to the law which would allow the expulsion of a foreigner who was considered a threat to the public order but struck down the amendment calling for the extension of the detention period.

Reasoning: Regarding the expulsion provision, the application of the provision constituted proper use of legislative prerogative. But the Conseil struck down the part of the amendment which called for a three-day extension of the detention period. Such an extension, even if under judicial control, could not be prolonged absent an extreme emergency, or a particularly serious threat to the public order, without infringing upon the constitutional principle of individual liberty.

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