The Birth Of Judicial Politics In France

Author : Alec Stone Sweet
Publisher : Oxford University Press, USA
ISBN 13 : 0195070348
Total Pages : 326 pages
Book Rating : 4.47/5 ( download)

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Download or read book The Birth of Judicial Politics in France written by Alec Stone Sweet and published by Oxford University Press, USA. This book was released on 1992 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Sharon Kettering
Publisher : Princeton University Press
ISBN 13 : 1400869781
Total Pages : 384 pages
Book Rating : 4.87/5 ( download)

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Download or read book Judicial Politics and Urban Revolt in Seventeenth-Century France written by Sharon Kettering and published by Princeton University Press. This book was released on 2015-03-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most historical scholarship concerned with the Fronde has investigated the Parlement of Paris. By focusing on the different experience of high court judges in Aix-en-Provence, Sharon Kettering illuminates the causes of resistance to royal authority and offers a new understanding of the role of provincial officials in seventeenth-century revolts. The author shows that political tensions and alignments within the court and provincial capital were as important in causing the revolts at Aix as the judges' relationship with the crown. Describing the liaisons and personalities that gave impetus to resistance, she traces the emergence of an opposition party within the Parlement of Aix after the first revolt in 1630. This party remained sporadically active until its dispersal by the crown in 1659, and it provided the leadership for the serious parlementary Fronde at Aix in January, 1649. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.85/5 ( download)

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Download or read book JUDICIAL POLITICS IN THE OLD REGIME written by and published by . This book was released on 1967 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Marie-Luce Paris
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403544872
Total Pages : 539 pages
Book Rating : 4.78/5 ( download)

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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.

Author : Marie-Luce Paris
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507357
Total Pages : 545 pages
Book Rating : 4.54/5 ( download)

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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 2019-05-15 with total page 545 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.

Author : James M. Donovan
Publisher : Univ of North Carolina Press
ISBN 13 : 0807895776
Total Pages : 273 pages
Book Rating : 4.71/5 ( download)

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Download or read book Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries written by James M. Donovan and published by Univ of North Carolina Press. This book was released on 2010-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.

Author : Mary L. Volcansek
Publisher : Peter Lang Incorporated, International Academic Publishers
ISBN 13 :
Total Pages : 348 pages
Book Rating : 4.40/5 ( download)

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Download or read book Judicial Politics in Europe written by Mary L. Volcansek and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1986 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Politics in Europe traces relations between each of the Member State judiciaries of nine countries of the European Community with the European Court of Justice, centering on the legal issue of preliminary rulings. The purpose of this exploration is to describe in a political-economic context the changes in these relationships over the period from 1961 to 1981 and to explain the causes and conditions of compliance or defiance of Community norms within the national judiciaries. This book is the first attempt to consider the impact of judicial norms cross-culturally.

Author : Justine Guichard
Publisher : Springer
ISBN 13 : 1137531576
Total Pages : 248 pages
Book Rating : 4.75/5 ( download)

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Download or read book Regime Transition and the Judicial Politics of Enmity written by Justine Guichard and published by Springer. This book was released on 2016-04-08 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.11/5 ( download)

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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.

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.67/5 ( download)

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Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.