Le Conseil D Etat Dans La Soci T Contemporaine
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Le Conseil D Etat Dans La Soci T Contemporaine
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Author : Jean-Paul Costa
language : fr
Publisher:
Release Date : 1993
Le Conseil D Etat Dans La Soci T Contemporaine written by Jean-Paul Costa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Administrative courts categories.
The Making Of Law
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Author : Bruno Latour
language : en
Publisher: John Wiley & Sons
Release Date : 2013-04-26
The Making Of Law written by Bruno Latour and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-26 with Political Science categories.
In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of the French supreme courts, the Conseil d’Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition and was created by Napoleon Bonaparte at the same time as the Code-based system, this branch of French law is the result of a home-grown tradition constructed on precedents. Thus, even though highly technical, the cases that form the matter of this book, are not so exotic for an English-speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in detail the weaving of legal reasoning: it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour’s social theory since it is now possible to compare the ways legal ties build up associations with the other types of connection that he has studied in other fields of activity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the 'Laboratory Life of Law'.
Domestic Application Of The Echr
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Author : Eirik Bjorge
language : en
Publisher: Oxford University Press
Release Date : 2015-10-22
Domestic Application Of The Echr written by Eirik Bjorge and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with Law categories.
Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-à-vis the European Court. The proper role played by the domestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it is because the application of the Convention has been entrusted to them by the other organs of the municipal state; in certain cases municipal principles of the separation of powers have an important bearing on domestic interpretation and application of the Convention. Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.
Judiciaries Within Europe
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Author : John Bell
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-10
Judiciaries Within Europe written by John Bell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-10 with Law categories.
An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.
Constitutional Justice East And West
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-12-31
Constitutional Justice East And West written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-31 with Philosophy categories.
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
French Administrative Law
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Author : Lionel Neville Brown
language : en
Publisher: Oxford University Press, USA
Release Date : 1998
French Administrative Law written by Lionel Neville Brown and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Administrative law categories.
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.
Founding Republics In France And America
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Author : John Anthony Rohr
language : en
Publisher:
Release Date : 1995
Founding Republics In France And America written by John Anthony Rohr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Political Science categories.
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.
Le Pr Sident De Juridiction Dans L Ordre Administratif
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Author : Clotilde Morlot-Dehan
language : fr
Publisher: Editions Publibook
Release Date : 2005
Le Pr Sident De Juridiction Dans L Ordre Administratif written by Clotilde Morlot-Dehan and has been published by Editions Publibook this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Administrative courts categories.
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Author :
language : en
Publisher: Odile Jacob
Release Date :
written by and has been published by Odile Jacob this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Challenge To The Nation State
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Author : Christian Joppke
language : en
Publisher: Oxford University Press, USA
Release Date : 1998
Challenge To The Nation State written by Christian Joppke and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Political Science categories.
This volume presents the latest research by some of the world's leading figures in the fast growing area of immigration studies. Relating the study of immigration to wider processes of social change, the book focuses on two key areas in which nation-states are being challenged by this phenomenon: sovereignty and citizenship. Bringing together the separate clusters of scholarship which have evolved around both of these areas, Challenge to the Nation-State disentangles the many contrasting views on the impact of immigration on the authority and integrity of the state. Some scholars have stressed the stubborn resistance of states to relinquish territorial control, the continued relevance of national citizenship traditions, and the `balkanizing' risks of ethnically divided societies. Others have argued that migrations are fostering a post-national world. In their view, states' immigration policies are increasingly constrained by global markets and an international human rights regime, membership as citizenship is devalued by new forms of postnational membership for migrants, and national monocultures are giving way to multicultural diversity. Focusing on the issue of sovereignty in the first section, and citizenship in the second, this compelling new study seeks to clarify the central stakes and opposing positions in this important and complex debate.
