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Jurisdictional Dualism In France
Jurisdictional dualism in France is the separation of the French court system into two separate divisions, or "", as they are called in French: the French judiciary courts, ordinary courts (), and the (). The ordinary courts, also known as the judiciary order, handle French criminal law, criminal and French civil law, civil cases, while the administrative courts handle disputes between individuals and the government. This dual system allows for a clear separation of powers and specialized handling of cases related to the actions of the government. The administrative courts are headed by the Council of State (France), Council of State, and the ordinary courts by the Court of Cassation (France), Court of Cassation for judiciary law. Introduction The separation of public law (administrative) and private law (judiciary) goes back to Roman law. A separate branch for public law existed during the Ancien régime. Many other countries have such a system (including in common-law cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Judiciary Courts
The French judiciary courts (), also known as "ordinary courts", are one of two main divisions of the Jurisdictional dualism in France, dual jurisdictional system in France, the other division being the Judiciary of France#Administrative, administrative courts (). Ordinary courts have jurisdiction over two branches of law: * French civil law (), which involves settling civil cases between private individuals (also known as private law; )), and * French criminal law (). Use of the term ''civil law'' in France means private law, and should not be confused with the List of national legal systems, group of legal systems descended from Roman Law known as the Civil law (legal system), civil law legal system, in contrast to the common law legal system. On an exceptional basis the judiciary may also become involved in certain litigation between an individual and the State or some other public person. Such litigation would include matters of Eminent domain, expropriation, for example, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Légifrance
Légifrance () is the official website of the French government for the publication of legislation, regulations, and legal information. It was established by decree in 2002. Access to the site is free. Virtually complete, it presents or refers to all concerned institutions or administrations, all texts still in force since 1539 and all the upper courts jurisprudence since 1986 as well as the most pertinent one of all courts since 1875. C.E. 19 February 1875, Prince Napoléon, 46707. See also *References ''All tex ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Montesquieu
Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word ''despotism'' in the political lexicon.. His anonymously published '' The Spirit of Law'' (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution. Biography Montesquieu was born at the Château de la Brède in southwest France, south of Bordeaux. His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown. His mother, Mari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Administrative Law
Administrative law is a division of law governing the activities of 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, has opened itself ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conseil D'Etat (France)
Conseil may refer to: Government * Conseil d'État (other), various governments or governmental organizations * Conseil des Etats, the smaller chamber of the Federal Assembly of Switzerland * Conseil de l'Entente, a West African regional co-operation forum * Conseil du Roi, the administrative and governmental apparatus around the king of France during the Ancien Régime * Conseil régional, the elected assembly of a region of France * Conseil scolaire Centre-Nord, a French language school board in Alberta, Canada Other uses * Conseil Hill, a hill on Pourquoi Pas island, Antarctica * Conseil, a character in the 1870 Jules Verne novel '' Twenty Thousand Leagues Under the Seas'' See also * Conseil supérieur de la langue française (other) * Advice (other) Advice (noun) or advise (verb) may refer to: * Advice (opinion), an opinion or recommendation offered as a guide to action, conduct * Advice (constitutional law) a frequently binding instruction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parlement
Under the French Ancien Régime, a ''parlement'' () was a provincial appellate court of the Kingdom of France. In 1789, France had 13 ''parlements'', the original and most important of which was the ''Parlement'' of Paris. Though both the modern French term ''parlement'' (for the legislature) and the English word "parliament" derive from this French term, the Ancien Régime parlements were not legislative bodies and the modern and ancient terminology are not interchangeable. History Parlements were judicial organizations consisting of a dozen or more appellate judges, or about 1,100 judges nationwide. They were the courts of final appeal of the judicial system, and typically wielded power over a wide range of subjects, particularly taxation. Laws and edicts issued by the Crown were not official in their respective jurisdictions until the parlements gave their assent by publishing them. The members of the parlements were aristocrats, called nobles of the robe, who had bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Court System
Status and organisation France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary ("") or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process. The Ministry of Justice handles the administration of courts and the judiciary, including paying salaries or constructing new courthouses. The Ministry also funds and administers the prison system. Lastly, it receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of public prosecution, though this is controversial since it is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ancien Regime
''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ... ** Ancien Régime in France {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest (Roman Law)
The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it permitted reference to ancient jurists whose writings had been regarded as au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ulpian
Ulpian (; ; 223 or 228) was a Roman jurist born in Tyre in Roman Syria (modern Lebanon). He moved to Rome and rose to become considered one of the great legal authorities of his time. He was one of the five jurists upon whom decisions were to be based according to the Law of Citations of Valentinian III, and supplied the Justinian '' Digest'' about a third of its contents. Biography The exact time and place of his birth are unknown. He was most literarily active between AD 211 and 222. He made his first appearance in public life as assessor in the auditorium of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the requests (''magister libellorum''). Elagabalus (also known as Heliogabalus) banished him from Rome, but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's chief adviser and '' Praefectus Praetorio''. During the Severan dynasty, the position of Praetorian prefect in Italy came ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
