Download or read book The Constitution of France written by Sophie Boyron and published by Bloomsbury Publishing. This book was released on 2012-12-21 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dynamics in the French Constitution written by David Marrani and published by Routledge. This book was released on 2013-10-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Download or read book The Idea of Economic Constitution in Europe written by and published by BRILL. This book was released on 2022-06-08 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitution of the French Republic written by France and published by . This book was released on 1946 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Etudes et le ons sur la R volution Fran aise written by Alphonse Aulard and published by . This book was released on 1893 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alphonse Aulard (1849-1928) was the first French historian to use nineteenth-century historicist methods in the study of the French Revolution. Pioneered by German historians such as Leopold van Ranke, this approach emphasised empiricism, objectivity and the scientific pursuit of facts, rather than the philosophical and literary concerns that had guided earlier scholars. Aulard's commitment to archival investigation is evidenced by the many edited collections of primary sources that appear in his extensive publication record. In these eight volumes of papers analysing the French Revolution (published 1893-1921), Aulard sought to apply the principles of historicism to reveal the truth and dispel myths. The work draws on earlier journal articles and lectures which Aulard delivered as Professor of the History of the French Revolution at the Sorbonne, a post he had held since 1885. Volume 2 (1898) covers the September Massacres of 1792 and the establishment of the Consulate in 1799.
Download or read book Constitution of the Fifth French Republic written by Michel Debré and published by DigiCat. This book was released on 2022-09-15 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents the Constitution of France that was adopted on 4 October 1958. It regards the separation of church and state, democracy, social welfare, and indivisibility as root principles of the French state. Charles de Gaulle introduced the new constitution and inaugurated the Fifth Republic, and Michel Debré drafted it.
Download or read book The Maclure Collection of French Revolutionary Materials written by James D. Hardy, Jr. and published by University of Pennsylvania Press. This book was released on 2018-01-15 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete catalogue and index of one of the largest collections of its kind of French Revolutionary and Napoleonic newspapers pamphlets and official publications covering the years 1789-1815. Over 20,000 listings are preceded by an introduction giving a history of the collection, a survey of other notable French Revolution collections, and a biographical essay on William S. Maclure. William S. Maclure (1763-1840) was a wealthy Philadelphia merchant, a radical social reformer, and our first scientific geologist. His huge collection of French Revolutionary publications is one of the greatest libraries of its kind to be formed during the period of the Revolution. Maclure bestowed the collection on the Philadelphia Academy of the Natural Sciences in 1821, and the Academy in turn gave the collection to the Historical Society of Philadelphia, In 1949 it was acquired by the University of Pennsylvania.
Download or read book The National Courts Mandate in the European Constitution written by Monica Claes and published by Bloomsbury Publishing. This book was released on 2006-03-31 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.
Download or read book Considerations on the Principal Events of the French Revolution written by Madame de Staël (Anne-Louise-Germaine) and published by . This book was released on 1818 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common European Legal Thinking written by Hermann-Josef Blanke and published by Springer. This book was released on 2015-09-24 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Download or read book A Virtue for Courageous Minds written by Aurelian Craiutu and published by Princeton University Press. This book was released on 2016-05-31 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political moderation is the touchstone of democracy, which could not function without compromise and bargaining, yet it is one of the most understudied concepts in political theory. How can we explain this striking paradox? Why do we often underestimate the virtue of moderation? Seeking to answer these questions, A Virtue for Courageous Minds examines moderation in modern French political thought and sheds light on the French Revolution and its legacy. Aurelian Craiutu begins with classical thinkers who extolled the virtues of a moderate approach to politics, such as Aristotle and Cicero. He then shows how Montesquieu inaugurated the modern rebirth of this tradition by laying the intellectual foundations for moderate government. Craiutu looks at important figures such as Jacques Necker, Madame de Staël, and Benjamin Constant, not only in the context of revolutionary France but throughout Europe. He traces how moderation evolves from an individual moral virtue into a set of institutional arrangements calculated to protect individual liberty, and he explores the deep affinity between political moderation and constitutional complexity. Craiutu demonstrates how moderation navigates between political extremes, and he challenges the common notion that moderation is an essentially conservative virtue, stressing instead its eclectic nature. Drawing on a broad range of writings in political theory, the history of political thought, philosophy, and law, A Virtue for Courageous Minds reveals how the virtue of political moderation can address the profound complexities of the world today.
Download or read book British and Foreign State Papers written by Great Britain. Foreign and Commonwealth Office and published by . This book was released on 1832 with total page 1890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Music and the French Revolution written by Malcolm Boyd and published by Cambridge University Press. This book was released on 1992-04-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rouget de Lisle's famous anthem, La marseillaise, admirably reflects the confidence and enthusiasm of the early years of the French Revolution. But the effects on music of the Revolution and the events that followed it in France were more far-reaching than that. Hymns, chansons and even articles of the Constitution set to music in the form of vaudevilles all played their part in disseminating Revolutionary ideas and principles; music education was reorganized to compensate for the loss of courtly institutions and the weakened maitrises of cathedrals and churches. Opera, in particular, was profoundly affected, in both its organization and its subject matter, by the events of 1789 and the succeeding decade. The essays in this book, written by specialists in the period, deal with all these aspects of music in Revolutionary France, highlighting the composers and writers who played a major role in the changes that took place there. They also identify some of the traditions and genres that survived the Revolution, and look at the effects on music of Napoleon's invasion of Italy.