The Birth of Judicial Politics in France


Book Description

The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.







Judicial Politics and Urban Revolt in Seventeenth-Century France


Book Description

Most historical scholarship concerned with the Fronde has investigated the Parlement of Paris. By focusing on the different experience of high court judges in Aix-en-Provence, Sharon Kettering illuminates the causes of resistance to royal authority and offers a new understanding of the role of provincial officials in seventeenth-century revolts. The author shows that political tensions and alignments within the court and provincial capital were as important in causing the revolts at Aix as the judges' relationship with the crown. Describing the liaisons and personalities that gave impetus to resistance, she traces the emergence of an opposition party within the Parlement of Aix after the first revolt in 1630. This party remained sporadically active until its dispersal by the crown in 1659, and it provided the leadership for the serious parlementary Fronde at Aix in January, 1649. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.



















The Government of France


Book Description

Originally published in 1919. French institutions of today, considered as a whole, form a composite building on which every new regime for the last hundred years has left its mark. The foundation is provided by the social, legal, judicial and administrative system of the Napoleonic Empire, which was crowned in 1875 by the corner-stone of parliamentary democracy. Many other features has been left by other regimes; thus France owes her general principles of common law and her administrative divisions to the Revolution.




Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries


Book Description

James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.