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French Constitutional Law - John Bell

French Constitutional Law

By: John Bell

Paperback

Published: 5th January 1995
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French Constitutional Law provides the first systematic presentation in English of judicial review of legislation in contemporary France. Created by the Constitution of the Fifth Republic in 1958, the Conseil Constitutionnel has had an increasingly important place in French legal and political life, especially since 1981. Part One of the book is an introduction to the Conseil and to the principles it has developed on the allocation of law-making powers between Parliament and the Government, parliamentary procedure, fundamental freedoms, and equality. Part Two is a collection of key materials translated into English, including constitutional texts and leading decisions of the Conseil Constitutionnel.

`This book provides a lot to think about ... anybody interested in French civilization or French politics will be particularly keen to read this book ... successfully combines serious theoretical thought and the intricacies of French political life.' Times Higher Education Supplementr `the first systematic presentation in English of judicial review of legislation in contemporary France ... this work will help British or English-language jurists in their research on the working of foreign jurisdictions and in comparison with the English system' European Library 'Hitherto there has been a regrettable dearth of literature on this important topic in English and this volume is thus most welcome ... this is a thoroughly researched and highly informative book. Professor Bell has done an invaluable service to the English-speaking world by drawing attention to the French system of constitutional review.' Peter Oliver, International and Comparative Law Quarterly, Vol. 42, October 1993 'the publication of Professor Bell's detailed study of this theme could not have been more timely ... It is, of course, valuable in itself for students of French law as no similar work has been previously available in English, but it is also valuable for anuyone interested in constitutional reform in the United Kingdom.' Tony Prosser, University of Glasgow, The Modern Law Review, Vol. 57, January 1994 `Bell's book is undoubtedly a very welcome addition to the limited range of literature in English on French law, and is indeed the first such work devoted to constitutional law ... it provides clear translations of otherwise inaccessible material, faithfully reproducing the terse and formal flavour of the French judicial style. With authority and scholarship, the close commentary of decisions betrays an impressive familiarity with numerous strands of the Conseil's case law and lucidly demonstrates the balancing act performed by the Conseil. We can only be pleased that this book is likely to reach a wider audience when it is released in paperback towards the end of 1994.' European Law Review `John Bell has performed an invaluable service. He has made available what had been obscure and inaccessible to scholars not fluent in French legalese ... a useful resource, not least because Professor Bell takes pains to situate the Council's jurisprudence in its politico-legislative context.' Political Studies `a remarkable book which represents a major contribution to the literature on French law, and which opens up the issue of constitutional review in France to a non-French speaking audience' West European Politics `A clear and very readable publication. Its approach is well-directed and interesting.' Leonard Jason-Lloyd, University of Derby `A very good book; especially worthwhile as it combines both material and analysis.' Demetrius Andreas Flonders, Anglia University `Excellent and the only text of its kind on the market. For students seeking a comparative view this is indispensable.' Dr S. Juss, University of Westminster `a remarkable book which represents a major contribution to the literature on French law, and which opens up the issue of constitutional review in France to a non-French speaking audience' West European Politics

Conventions and Glossary of Terms
Abbreviations
Table of Decisions
Decisions of the Conseil Constitutionnel Listed by Name
Decisions of the Conseil Constitutionnel Listed by Number
Decisions of the Conseil D'Etat
Decisions of the Cour de Cassation
Introductionp. 1
Constitutional Law
Constitutional Review within the Fifth Republicp. 9
Sources of the Constitutionp. 57
The Division of Lawmaking Powers: the Revolution that Never Happened?p. 78
Parliamentary Procedurep. 112
Fundamental Freedomsp. 138
The Principle of Equalityp. 199
Conclusionp. 227
Constitutional Texts, Materials, and Decisions
Constitutional Textsp. 245
Constitution of 1958p. 245
Declaration of the Rights of Man and of the Citizen, 1789p. 261
Preamble to the 1946 Constitutionp. 263
Constitutional Materials and Decisions of the Conseil constitutionnelp. 270
Sources of the Constitutionp. 270
Loi and reglementp. 280
Parliamentary Procedurep. 300
Decisions on Fundamental Freedomsp. 308
Equalityp. 346
Bibliographyp. 356
Indexp. 361
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780198259480
ISBN-10: 0198259484
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 392
Published: 5th January 1995
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.5 x 15.6  x 2.3
Weight (kg): 0.68