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General Principles Of French Law
In French law, judges cannot create legal norms, because of the principle known as "" of Article 5 of the French civil code: "Judges are forbidden from pronouncing in a generally dispositive and regulatory fashion on the matters submitted to them." They can only put into evidence and interpret existing norms. This general principle underlies the state of existing law, which is merely uncovered by the judge. The general principles of law, are rules of universal scope which: * apply even when unwritten; * are uncovered through case law; * are not created but "discovered" by the judge, based on the state of law and society at a given point in time. The Court of Justice of the European Union also recognizes general principles of law in European Union law. In international law, "general principles of law recognized by civilized nations" are considered a source of law under Article 38.1 (c) of the statute governing the International Court of Justice. Traditionally, the general princip ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of France
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the '' Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Principles Recognized By The Laws Of The Republic
In France, the fundamental principles recognized by the laws of the Republic (French: ''principes fondamentaux reconnus par les lois de la République'', abbreviated to PFRLR) are certain principles recognized by the Constitutional Council and the Council of State as having constitutional force. This concept is mentioned briefly in the preamble of the Constitution of 1946. The preamble of the constitution of 1958 references the 1946 preamble, and the constitutional judges, in their "freedom of association" ruling, decision n°71-44 DC of 16 July 1971, gave constitutional force to this preamble. Initial appearance Fundamental principles were mentioned in a budget law of 31 March 1931 (article 91) to characterize , in JORF, 1 April 1931. pdf p. 3585. This was adopted as a compromise by deputies from the Popular Republican Movement (MRP) when writing the Constitution of the Fourth Republic, since the SFIO (socialist) and PCF (communist) deputies had declared themselves hos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Service
A public service or service of general (economic) interest is any service intended to address the needs of aggregate members of a community, whether provided directly by a public sector agency, via public financing available to private businesses or voluntary organisations, or by private businesses subject to government regulation. Some public services are provided on behalf of a government's residents or in the interest of its citizens. The term is associated with a social consensus (usually expressed through democratic elections) that certain services should be available to all, regardless of income, physical ability or mental acuity. Examples of such services include the fire services, police, air force, paramedics and public service broadcasting. Even where public services are neither publicly provided nor publicly financed, they are usually subject to regulation beyond that applying to most economic sectors for social and political reasons. Public policy, when made ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conseil D'État (France)
In France, the (; Council of State) is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council (), it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France. Members of the Council of State are part of a Grand Corps of the French State (''Grand corps de l'État''). The Council of State mainly recruits from among the top-ranking students graduating from the ''École nationale d'administration''. Composition A General Session of the Council of State is presided over by the Prime Minister or, in their absence, the Minister of Justice. However, since the real presidency of the Council is held by the Vice-President, the Vice Preside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal Des Conflits
In France, the Tribunal des conflits is a court system charged with settling conflicts of jurisdiction between the judiciary and administrative courts of the French legal system and with preventing denials of justice born of conflicting decisions from the two branches. It was originally organized under the and the law of 4 February 1850, but it was abolished at the beginning of the Second Empire, then recreated by the law of 24 May 1872 reorganizing the Conseil d’État. The tribunal de conflicts may be called on to decide whether an administrative judge (administrative court, Conseil d’État, etc.) or a judiciary judge (Tribunal judiciaire, Labour Court, Tribunal de Commerce, etc.) should rule in a particular case, or sometimes to determine the solution to be applied when decisions from the two branches conflict. Decisions of the Tribunal des conflits apply to all levels of the judiciary and administrative legal system and cannot be appealed. It is said to be ''paritaire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberation Of France
The liberation of France () in the Second World War was accomplished through diplomacy, politics and the combined military efforts of the Allied Powers, Free French forces in London and Africa, as well as the French Resistance. Nazi Germany invaded France in May 1940. Their rapid advance through the almost undefended Ardennes caused a crisis in the French government; the French Third Republic dissolved itself in July, and handed over absolute power to Marshal Philippe Pétain, an elderly hero of World War I. Pétain signed an armistice with Germany with the north and west of France under German military occupation. Pétain, charged with calling a Constitutional Authority, instead established an authoritarian government in the spa town of Vichy, in the southern ''zone libre'' ("free zone"). Though nominally independent, Vichy France became a collaborationist regime and was little more than a Nazi client state that actively participated in Jewish deportations and aided German ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Theory
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered: * Natural law holds that there are rational objective limits ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In the last fifty years, administrative law, in many countries of the civil law tradition, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Norms
A legal norm is a binding rule or principle, or norm (philosophy), norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic immunity, Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority group, minority and are specifically only binding on them, such as soldiers and Official, public officials.Palacky University. (2019). 'Legal Nor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
