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Preface=xi

Acknowledgments=xiii

Table of Cases=xvii

Chapter One Introduction to the French Constitution of October 4, 1958=3

A. The French Constitution : From 1958-2008=3

B. The French Model=8

C. Thinking about Law in France : Cartesian Rationality and Kelsen's "Pure Theory of Law"=10

D. Comparative Constitutional Law and Its Uses=21

Chapter Two The Fifth Republic : Political Institutions and Separation of Powers=33

A. The Constitutional Structure of Governmental Institutions : Overview and General Principles=35

B. The Executive Power : The President of the Republic and the Government=59

1. The President's Perspective=60

2. The President's Emergency Powers=66

3. The Prime Minister's Perspective=70

4. Cohabitation=70

C. Relations between Government and Parliament : From régime d'assemblée to parlementarisme rationalisé to rééquilibrage et modernisation des institutions=85

1. Responsibility of the Government to the National Assembly=86

2. Role of the Constitutional Council in Supervising Government-Legislative Relations=86

3. The Domain of the Law=90

4. The Legal Nature of Ordinances=100

5. The Legislative Process=107

D. The Judicial Authority : From autorité judiciaire to pouvoir judiciaire=122

E. The Council of State and the Administrative Court System=138

Chapter Three The Constitutional Council=167

A. Background=168

B. Structure and Functions=191

C. Jurisdiction : Constitutional Review of Laws and Other Legal Acts=198

1. Constitutional Amendments=198

2. Referenda=198

3. Advisory Opinions=199

4. Treaties and International Agreements=199

5. European Community Law=200

6. Institutional Acts and Parliamentary Rules=200

7. Ordinary Laws=200

i. Before entry into force=201

ii. After entry into force : referrals from Council of State and Court of Cassation=202

iii. The Question prioritaire de constitutionnalité (QPC) in operation=207

8. Finance Laws and Social Security Financing Laws=207

9. Authorization Laws and Ordinances=207

10. Decrees=208

11. The Defender of Rights (Le Défenseur des droits)=208

D. Sources of Law : le bloc de constitutionnalité=209

1. Textual Sources=209

2. Application by the Constitutional Council=210

i, ii, and iii. The Constitution, Declaration of 1789, and 1946 Preamble=210

iv. Fundamental principles recognized by the laws of the Republic=212

v. Objects, principles, and rules of constitutional status=216

vi. Provisions of treaties and international agreements=218

E. Standards of Review (Manifest Error, Proportionality, Possible Consequences)=224

F. Decisions=227

G. Assessment=228

Chapter Four Republican Principles=253

A. National Sovereignty and Democracy=257

B. Libertés publiques and Human Rights=277

1. Human Dignity=280

2. Individual Liberty (Arrest and Detention, Freedom of Movement, Right of Privacy)=288

3. Freedom of Expression, Freedom of the Press and Audiovisual Media, Academic Freedom=300

4. Freedom of Assembly and Association=310

5. Economic Freedoms (Protection of Property, Freedom of Enterprise)=311

C. Equality=313

1. General Principles=315

2. Origin, Race, and Religion=317

3. Gender Equality=324

4. Public Employment=329

5. Equality Through the Law (discrimination positive)=333

D. Secularism (la laïcité)=336

E. Indivisibility=359

F. Social Solidarity=376

Chapter Five International and European Law=405

A. International Law=411

B. European Human Rights Law=424

C. European Community Law=443

Appendix A. Constitution of October 4, 1958 (Extracts)=475

Appendix B. Declaration of the Rights of Man and the Citizen of 1789=503

Appendix C. Preamble to the Constitution of 1946=507

Appendix D. Charter for the Environment of 2004=509

Appendix E. French Regimes and Constitutions Since 1791=511

Appendix F. Amendments to the Constitution of 1958=513

Appendix G. Presidents and Prime Ministers of the Fifth Republic=515

Appendix H. Bibliography of Works in English=517

Appendix I. Bibliography of Works in French=521

2013 Addendum=529

Index=547

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French constitutional law : cases and materials 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
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French Constitutional Law includes extracts from decisions of the Constitutional Council and Council of State, significant laws, important reports, and a variety of French legal writings (many translated into English for the first time). These materials are accompanied by commentary, notes, and readings from secondary sources, including a generous sampling of extracts from historical and philosophical texts, to permit an understanding of the French constitutional system in context. The aim of the book is to present French constitutional law from a French perspective?to understand how the French think about constitutional law and its practice. Dynamics of constitutional evolution in France are stressed, and special attention is devoted to the extensive and significant constitutional amendments of July 2008. The book deals in depth with the following matters: separation of powers and the structure and functioning of government, the evolution and practice of judicial review by the Constitutional Council, the role of the Council of State in the French constitutional system, sources of French constitutional law and their interpretation, the Republican tradition (liberty and human rights, democracy and national sovereignty, secularism, equality, social solidarity, and the indivisibility of the Republic), and the application of supranational law (international law, European Union law, and European human rights law) in the French constitutional system. This book is well suited for use in law school, as the materials are structured to provide the basis for class discussion of legal issues. It is also well suited for use in undergraduate and graduate courses in French, European, or comparative politics or history.An addendum has been added to this book in its revised printing to reflect important developments with respect to the new Question prioritaire de constitutionnalite (QPC) jurisdiction of the Constitutional Council.This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law.