Constitutional Law in France

Constitutional Law in France PDF Author: Marie-Luce Paris
Publisher: Kluwer Law International B.V.
ISBN: 9403544872
Category : Law
Languages : en
Pages : 539

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in France provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in France will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Constitutional Law in France

Constitutional Law in France PDF Author: Marie-Luce Paris
Publisher: Kluwer Law International B.V.
ISBN: 9403544872
Category : Law
Languages : en
Pages : 539

Get Book Here

Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in France provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in France will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Revolutionary Constitutions

Revolutionary Constitutions PDF Author: Bruce Ackerman
Publisher: Belknap Press
ISBN: 0674970683
Category : Political Science
Languages : en
Pages : 473

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Book Description
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

The Equilibrium of Parliamentary Law-making

The Equilibrium of Parliamentary Law-making PDF Author: Viktor Kazai
Publisher: Taylor & Francis
ISBN: 1040097502
Category : Law
Languages : en
Pages : 212

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Book Description
This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

Constitutional Identity and Constitutionalism in Africa

Constitutional Identity and Constitutionalism in Africa PDF Author: Charles M Fombad
Publisher: Oxford University Press
ISBN: 0198906307
Category : Law
Languages : en
Pages : 353

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Book Description
This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.

Constitutions and Gender

Constitutions and Gender PDF Author: Helen Irving
Publisher: Edward Elgar Publishing
ISBN: 1784716960
Category : Law
Languages : en
Pages : 563

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Book Description
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

France Since the Liberation

France Since the Liberation PDF Author: Gino Raymond
Publisher: Taylor & Francis
ISBN: 1003850723
Category : History
Languages : en
Pages : 266

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Book Description
This book focuses on the tension between the modernising thrust that places France on a trajectory of convergence with comparable liberal democracies and the defence of a national specificity that can act as a brake, complicating France’s relationship with its neighbours, its present and its past. This ambivalence in French political and social life stems from the conscious attempt to rebuild the nation after the trauma of Occupation during World War II and the new beginning provided by the Liberation. The government of the Fourth Republic embraced the pursuit of a modernisation that would enable it to regain its place among the world’s leading democratic states. However, this modernising ambition co-exists with the belief in a specific destiny and a unique sense of mission that are intrinsic to the emergence of a sense of nationhood after the revolution of 1789. Raymond defines a critical perspective that draws together historical, economic, social, and political issues into a coherent understanding of what makes France the way it is today. Written with both academic rigour and a highly accessible clarity of style, this volume is a valuable resource for students, educators, and researchers in French and European Studies.

The Constitution and Governance in Cameroon

The Constitution and Governance in Cameroon PDF Author: Laura-Stella E. Enonchong
Publisher: Routledge
ISBN: 1351028847
Category : Law
Languages : en
Pages : 200

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Book Description
This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The Politics of Presidential Term Limits

The Politics of Presidential Term Limits PDF Author: Alexander Baturo
Publisher: Oxford University Press
ISBN: 0192574353
Category : Political Science
Languages : en
Pages : 400

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Book Description
Presidential term limits restrict the maximum length of time that presidents can serve in office. They stipulate the length of term the presidents can serve between elections and the number of terms that presidents are permitted to serve. While comparative scholarship has long studied important institutions such presidentialism vs. parliamentarism and the effects of different electoral systems, we lack a comprehensive understanding of the role and effects of presidential term limits. Yet presidential term limits and term lengths are one of the most fundamental institutions of democracy. By ensuring compulsory rotation in office, they are at the heart of a democratic dilemma. What is the appropriate trade-off between allowing the unrestricted selection of candidates at presidential elections vs. restricting selection procedures to prevent the possibility of dictatorial takeover by presidents who are unwilling to step down? In the context of a long and on-going history of changes to presidential term limits and the many and varied ways in which term limits have been both applied and avoided, this book explains the factors behind the introduction, stability, abolition, and avoidance of presidential term limits, as well as the consequences of changes to presidential term limits, and it does so in the context of non-democracies, third-wave countries, and consolidated democracies. It includes comparative, theoretical, and practitioner-oriented chapters, as well as detailed country case studies of presidential term limits across the world and over time.

Presidential Government in Gaullist France

Presidential Government in Gaullist France PDF Author: William G. Andrews
Publisher: State University of New York Press
ISBN: 0791494942
Category : Political Science
Languages : en
Pages : 324

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Book Description
In Presidential Government in Gaullist France, William G. Andrews describes and explains the basic character of executive-legislative relations in Gaullist France from 1958 to 1974. He demonstrates that the Fifth Republic became presidential despite its parliamentary constitution because of changes made by DeGaulle that were compatible with the emergent character of French society. The information is provided in a conceptual framework that gives it greater coherence, explanatory value, and significance. Andrews relates differences in the nature of institutions, of societies, and of political problems to types of power relationships that exist between the legislative and executive branches of government. In order to achieve an objective appraisal of the controversial leader, Andrews fits DeGaulle's constitutional efforts into a broader understanding of the relationships among great leaders, texts, societies, and institutions. The book enhances our understanding of the operation of the Fifth Republic and of French government in general.

Dynamics in the French Constitution

Dynamics in the French Constitution PDF Author: David Marrani
Publisher: Routledge
ISBN: 1135105421
Category : Law
Languages : en
Pages : 215

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Book Description
The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right settlement for the French people; a consensual text. However, while offering the appearance of stability, the Fifth French Republic Constitution has often been reconsidered and changed, not least in the year of its fiftieth anniversary, when the Constitution was 'modernised'. These dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the result of the successive constitutional amendments. Instead, the history of the Constitution has involved the resurgence of repressed archaic elements from the ancient regime, while the social, economic and environmental contexts have penetrated not only the text itself but more extensively its spirit, and behind it, the philosophy and our perception of the Republic. In Dynamics in the French Constitution, David Marrani questions the foundations of the French Fifth Republic. In using specific themes, current and traditional debates, contemporary and archaic factors, that have enlightened the road of long lasting Republic, the book explores some of the changes of the last fifty years and the tensions that are present within the constitutional text. In combining theoretical concepts of constitutional law with key contemporary and historical developments, such as the European integration, the response to environmental challenges, the practice of human rights and the pillars supporting French republicanism, this book offers varied and creative tools for a better understanding of the Republic of today.