Constitutional Law In France
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| Author | : Roger Masterman |
| Publisher | : Cambridge University Press |
| Total Pages | : 653 |
| Release | : 2019-10-03 |
| Genre | : Law |
| ISBN | : 1107167817 |
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
| Author | : E. Picard |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 528 |
| Release | : 2008-03-18 |
| Genre | : Law |
| ISBN | : 9041142045 |
Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law
| Author | : András Jakab |
| Publisher | : Cambridge University Press |
| Total Pages | : 867 |
| Release | : 2017-04-27 |
| Genre | : Law |
| ISBN | : 1108138616 |
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
| Author | : Sophie Boyron |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 174 |
| Release | : 2012-12-21 |
| Genre | : Law |
| ISBN | : 1782250565 |
The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.
| Author | : Alec Stone Sweet |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 326 |
| Release | : 1992 |
| Genre | : Constitutional courts |
| ISBN | : 0195070348 |
The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
| Author | : Martin A. Rogoff |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Constitutional law |
| ISBN | : 9781594606540 |
French Constitutional Law includes extracts from decisions of the Constitutional Council and Council of State, significant laws, important reports, and a variety of French legal writings (many translated into English for the first time). These materials are accompanied by commentary, notes, and readings from secondary sources, including a generous sampling of extracts from historical and philosophical texts, to permit an understanding of the French constitutional system in context. The aim of the book is to present French constitutional law from a French perspective--to understand how the French think about constitutional law and its practice. Dynamics of constitutional evolution in France are stressed, and special attention is devoted to the extensive and significant constitutional amendments of July 2008. The book deals in depth with the following matters: separation of powers and the structure and functioning of government, the evolution and practice of judicial review by the Constitutional Council, the role of the Council of State in the French constitutional system, sources of French constitutional law and their interpretation, the Republican tradition (liberty and human rights, democracy and national sovereignty, secularism, equality, social solidarity, and the indivisibility of the Republic), and the application of supranational law (international law, European Union law, and European human rights law) in the French constitutional system. This book is well suited for use in law school, as the materials are structured to provide the basis for class discussion of legal issues. It is also well suited for use in undergraduate and graduate courses in French, European, or comparative politics or history. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law.
| Author | : Cindy Skach |
| Publisher | : Princeton University Press |
| Total Pages | : 168 |
| Release | : 2011-02-11 |
| Genre | : Political Science |
| ISBN | : 1400832624 |
After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.
| Author | : Richard Albert |
| Publisher | : |
| Total Pages | : 753 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0198793049 |
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
| Author | : Christian Calliess |
| Publisher | : Cambridge University Press |
| Total Pages | : 393 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 1108480438 |
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
| Author | : Edward James Kolla |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2017-10-12 |
| Genre | : History |
| ISBN | : 1107179548 |
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
