ABSTRACT
The US Supreme Court and the BVerfG have the advantage of possessing a firm framework of reference. It admits frankly and at great length its embarrassment regarding the problem of abortion: We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. Since its creation, the Karlsruhe Tribunal has tended to justify its judgments at great length. The Conseil Constitutionnel takes pains to refrain from really entering into the debate. Probably it finds profoundly repugnant the idea of "government by judges" such as the Karlsruhe tribunal had a tendency to practice during the 1970s. Comparative reflection on decisions of constitutional courts in the matter of abortion thus allows us to do more than determine better the respective roles each of them plays in the political system.
