Download or read book Introduction to French Law written by George A. Bermann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.
Download or read book Recueil des grands arr ts de la jurisprudence administrative de la Cour f d rale de justice written by Cameroon. Federal Court of Justice and published by . This book was released on 1971 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book French Administrative Law written by Lionel Neville Brown and published by Oxford University Press, USA. This book was released on 1998 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the leading English-language text in its field offers a complete and current overview of droit administratif, which is regarded (alongside the Napoleonic Code) as the most notable achievement of French legal science. The book includes eleven expanded appendices--with statistics, model pleadings, and other illustrations--and will prove an invaluable source for information on the courts, their procedures, and their case-loads. The approach throughout the volume is comparative, with many references to developments in UK common law and in the EC institutions.
Download or read book Unexpected Circumstances in European Contract Law written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2011-03-03 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Download or read book Constitutional Law in France written by Marie-Luce Paris and published by Kluwer Law International B.V.. This book was released on 2024-01-18 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Founding Republics in France and America written by John Anthony Rohr and published by . This book was released on 1995 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recalling Tocqueville's exhortation for the French to "look to America" for a better understanding of their own government, John Rohr returns the favor by revealing how much we can learn about American constitutionalism from a close study of French governance. The French and American republics both emerged from the same revolutionary era and share a common commitment to separation of powers, rule of law, and republicanism. Even so, the two constitutional traditions are quite different. France, after all, has replaced its constitution at least thirteen times since 1789, while the American constitution has endured essentially intact. Yet, as Rohr shows, French constitutionalism merits our careful attention. Focusing upon the founding of the French Fifth Republic and the drafting of its constitution, Rohr compares the nations' divergent approaches to executive, legislative, and judicial power; independent administrative authority and discretion; and the relation of administrative law to statutory law. His analysis of France's divided versus our unified executive, the two presidents' exceptional powers, and their influence on the legislative process provides particularly fresh insights into how the two constitutional traditions promote and inhibit the capacity for administrative action. Rohr shows that French administrative institutions are much more thoroughly developed than their American counterparts due to recurrent presidential and constitutional crises. Without such a strong public administration, daily life in France would likely be extremely unstable if not quite chaotic. The proper role of the French institutions, he suggests, is largely determined by their relationship to elected officials whereas their American counterparts are essentially shaped by the constitutional order. A model for future comparative work in constitutional law and public administration, Rohr's study should help us see that the constitutional path we've pursued wasn't the only possibility—and why we've chosen that route nevertheless. As such, it should have great appeal for students, teachers, and practitioners in U.S. and French law, politics, and public administration.
Download or read book Recueil Des Cours Collected Courses 1970 written by and published by Martinus Nijhoff Publishers. This book was released on 1971-12-31 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Refounding Democratic Public Administration written by Gary L. Wamsley and published by SAGE. This book was released on 1996-05-29 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume contend that the North American political system is undergoing a serious governmental crisis - political leaders know only how to campaign, not how to gain consensus on goals or direct a course that is to the good of the nation. Public administration is therefore forced to compensate for the growing inadequacy of the 'leaders', and with a normative-based body of theorizing, perform its key role of governance within a democratic system of polycentric power. The book offers a revisualization of the relationship between public servants and the citizens they serve, and a continuing discourse on how public administration can constructively balance forces of change and stability in order for democracy to evolve and mature.
Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Download or read book Security and Human Rights written by Benjamin J Goold and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.
Download or read book Constitutional Justice Under Old Constitutions written by Elvind Smith and published by Kluwer Law International B.V.. This book was released on 1995-09-27 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Justice under Old Constitutions confronts different national experiences within the framework of a common subject matter, viz., questions arising from the application of old constitutional texts within one system or another of judicial review. Every chapter presents valuable materials and reflections for further exploration on a comparative as well as a national basis. The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with: the emergence of judicial review of national legislation the interpretation of old constitutional texts complementary sources to old constitutional texts the application of old constitutions in modern societies the legitimacy of judicial review of legislation
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Download or read book Administrative Justice in Wales and Comparative Perspectives written by Sarah Nason and published by University of Wales Press. This book was released on 2017-09-15 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.
Download or read book Legislative Delegation written by Bogdan Iancu and published by Springer Science & Business Media. This book was released on 2012-06-14 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.
