The Constitution of France


Book Description

The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.




Constitution of the Fifth French Republic


Book Description

This work presents the Constitution of France that was adopted on 4 October 1958. It regards the separation of church and state, democracy, social welfare, and indivisibility as root principles of the French state. Charles de Gaulle introduced the new constitution and inaugurated the Fifth Republic, and Michel Debré drafted it.




The Cambridge Companion to Comparative Constitutional Law


Book Description

Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.




Sovereignty, International Law, and the French Revolution


Book Description

This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.







Rousseau, Burke, and Revolution in France, 1791


Book Description

Rousseau, Burke, and Revolution in France, 1791 plunges students into the intellectual and political currents that surged through revolutionary Paris in the summer of 1791. As members of the National Assembly gather to craft a constitution for a new France, students wrestle with the threat of foreign invasion, political and religious power struggles, and questions of liberty and citizenship.




Comparative Constitutional Reasoning


Book Description

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.




Comparative Constitutional Law


Book Description

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.




France under the Directory


Book Description

On 9 thermidor Year 2, Robespierre fell; on18 brumaire Year 8, a coup d'état brought Bonaparte to power. This book demonstrates that the interval between these two momentous events was also of crucial importance. Using the findings of recent research, it presents a balanced appraisal of the thermidorean and directorial regimes to the English student. For Jacobin sympathizers thermidor and the Directory represented the betrayal of the revolutionary idea; for Bonapartist propagandists it represented chaos and corruption, and the darker the Directory could be painted, the more Bonaparte's reputation would be flattered. Dr Lyons attempts to dispose of these myths. He stresses the Directory's successes as well as its failures, and emphasizes elements of continuity which link it both with the Jacobin regime and with the Consulate. The regime inherited a heavy burden of war, inflation and food shortages, yet it remained revolutionary in its Republicanism, its anticlericalism, and its desire to carry the fruits of the Revolution to the rest of Europe. At the same time it laid the foundations of financial stability and administrative efficiency on which Bonaparte was to build.




The French Republic


Book Description

In this invaluable reference work, the world’s foremost authorities on France’s political, social, cultural, and intellectual history explore the history and meaning of the French Republic and the challenges it has faced. Founded in 1792, the French Republic has been defined and redefined by a succession of regimes and institutions, a multiplicity of symbols, and a plurality of meanings, ideas, and values. Although constantly in flux, the Republic has nonetheless produced a set of core ideals and practices fundamental to modern France's political culture and democratic life. Based on the influential Dictionnaire critique de la république, published in France in 2002, The French Republic provides an encyclopedic survey of French republicanism since the Enlightenment. Divided into three sections—Time and History, Principles and Values, and Dilemmas and Debates—The French Republic begins by examining each of France’s five Republics and its two authoritarian interludes, the Second Empire and Vichy. It then offers thematic essays on such topics as Liberty, Equality, and Fraternity; laicity; citizenship; the press; immigration; decolonization; anti-Semitism; gender; the family; cultural policy; and the Muslim headscarf debates. Each essay includes a brief guide to further reading. This volume features updated translations of some of the most important essays from the French edition, as well as twenty-two newly commissioned English-language essays, for a total of forty entries. Taken together, they provide a state-of-the art appraisal of French republicanism and its role in shaping contemporary France’s public and private life.