6,364 research outputs found

    The Law/Politics Distinction, the French Conseil Constitutionnel, and the U.S. Supreme Court

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    A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional Supreme Court , the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review can have no counterpart in the French system , that French legal and political theory is inconstistent with an effective supreme court, that there is no possibility that the French and American systems could surmount this major difference , and that the Conseil is simply not a true court . It follows that the continuing debate over the Conseil\u27s nature has three main sources: first, factual confusion; secondly, conceptual confusion, and thirdly, the political evolution and strategies of the French Republic

    The Second Anniversary of the Constitutionalisation of the French Charter for the Environment: Constitutional and Environmental Implications

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    The former French president J. Chirac will most likely be remembered for his international standing against the US and domestically, within France, for having initiated a major ‘bill of rights’, the Charter for the Environment, and for its constitutionalisation. </jats:p

    “North of the border and across the channel”: Custodial legal assistance reforms in Scotland and France

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    Copyright @ 2013 Sweet & MaxwellThis article contrasts the Scottish reform of custodial legal assistance introduced subsequent to the Supreme Court’s decision in Cadder with similar developments in France. It offers a comparative viewpoint for the analysis of criticism directed at Cadder and opens up vistas of possibility for the consideration of further reform. The article also invites reflection on the significance of the developments in Scotland and France for custodial legal assistance in England and Wale

    Semi-Presidentialism à la française: the Recent Constitutional Evolution of the "Two-Headed" Executive

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    The gender of representation: On democracy, equality, and parity

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    The debate regarding the statutory introduction of gender parity in electoral lists has been led, on the one hand, by those who envisage parity as a way to attain substantive equality between the genders. The opposition has been led by those who, on the other hand, reject it as going against the very principle of equality in its formal dimension, as well as against the autonomy of political parties. Based on the experience of France and Italy on this matter, this article discusses both sets of arguments and applies them to the Spanish context. It further defends the need to bypass the theoretical parameters of equality and affi rmative action in order to place the defense of electoral parity within the theoretical parameters of the postliberal democratic state. It aims, therefore, at articulating electoral parity as a conceptual requisite of the democratic state

    Party finance reform as constitutional engineering? The effectiveness and unintended consequences of party finance reform in France and Britain

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    In both Britain and France, party funding was traditionally characterized by a laissez faire approach and a conspicuous lack of regulation. In France, this was tantamount to a 'legislative vacuum'. In the last two decades, however, both countries have sought to fundamentally reform their political finance regulation regimes. This prompted, in Britain, the Political Parties, Elections and Referendums Act 2000, and in France a bout of 'legislative incontinence' — profoundly transforming the political finance regime between 1988 and 1995. This article seeks to explore and compare the impacts of the reforms in each country in a bid to explain the unintended consequences of the alternative paths taken and the effectiveness of the new party finance regime in each country. It finds that constitutional engineering through party finance reform is a singularly inexact science, largely due to the imperfect nature of information, the limited predictability of cause and effect, and the constraining influence of non-party actors, such as the Constitutional Council in France, and the Electoral Commission in Britain

    The Brakes that Failed: Constitutional Restriction of International Agreements in France

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    Can constitutions successfully constrain the exercise of the treaty power? This article examines the French Constitution of 1958 as a case study. The founders of the Fifth Republic drafted provisions intended to protect national sovereignty, as the Gaullists understood that concept, against inroads resulting from international agreements. Looking back fifty years later, it is clear that those protective efforts did not succeed. The sequence of events by which the constraints were loosened or evaded may represent one nation\u27s particular history, but they illustrate the limited capacity of constitutional restrictions to control international commitments in the long term

    The Brakes that Failed: Constitutional Restriction of International Agreements in France

    Get PDF
    Can constitutions successfully constrain the exercise of the treaty power? This article examines the French Constitution of 1958 as a case study. The founders of the Fifth Republic drafted provisions intended to protect national sovereignty, as the Gaullists understood that concept, against inroads resulting from international agreements. Looking back fifty years later, it is clear that those protective efforts did not succeed. The sequence of events by which the constraints were loosened or evaded may represent one nation\u27s particular history, but they illustrate the limited capacity of constitutional restrictions to control international commitments in the long term

    A Comparison of Judicial Review in Indonesian Constitutional Court and French Constitutional Council

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    One of the advances in contemporary legal and governmental ideas to arise in the 20th century was the notion of establishing a Constitutional Court. A constitutional court is a high court that focuses on constitutional law issues. Its primary authority is to rule on whether laws that are reviewed are in fact in line with constitution or not. The purpose of this study is to compare the judicial review functions and institutional aspect of the Indonesian Constitutional Court with the French Constitutional Council. It explains the distinctions and similarities between the roles of the Indonesian Constitutional Court and the French Constitutional Council as judicial entities allowed to conduct judicial reviews of statutes in accordance with the constitution. The research method employed is library research, while the research approach is a statutory approach and a comparative approach. The study shows that the Constitutional Courts in France and Indonesia have certain similarities and differences that come from the issue of court’s authority, nature of decision, complainant party, and qualification and composition of justices
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