French Constitutional Law

Topics: Religion, Constitution, France Pages: 153 (50080 words) Published: February 20, 2013


French constitutional law 

For your reference, below are the topics that have been covered in the past three years. They serve only as rough guideline, which you can certainly adapt to your own preferences. 1. Origins and Historical Developments of Constitutionalism. Theories of sovereignty 2. Parliamentary Democracy and Separation of Powers 3. Judicial Review and Methods of Constitutional Interpretation 4. Fundamental Rights 5. Central-local Relation, Local Autonomy. Relations with European Union 6. Political Parties and Elections 6 sessions of 3 hours each 1. Origins and Historical Developments of Constitutionalism. a. The concept of a constitution in the 18th century b. The constitution of 1791 i. Separation of powers ii. Theories of sovereignty iii. Representation iv. The problem of the executive v. The judiciary and the duality of court systems vi. The short life of the constitution c. The constitution of 1793 d. The constitution of 1795 2. Parliamentary democracy a. History i. The constitutional monarchy 1814-1848 ii. The third republic : 1875-1939 iii. The fourth republic : 1946-1958 iv. The creation of the fifth republic b. The fifth republic I i. The president ii. The Prime Minister and the other ministers 3. Parliamentary democracy II. The fifth republic II i. Parliament and parties 1. Elections 2. Political parties ii. Two modes of functioning, concordance of majorities and cohabitation iii. The judiciary today 4. Judicial review a. History. i. Why there was no judicial review ii. The Constitutional council in 1958 iii. 1971 iv. 1974 1

v. 1975 and the two judicial reviews vi. 2008 the priority ruling on the issue of constitutionality b. organization and procedures i. organization of the Constitutional council ii. procedure c. the jurisprudence of the Constitutional council i. the sources of constitutional law : the block of constitutionality ii. the Constitutional council’s own jurisdiction 1. organic laws and statutes 2. treaties before ratification 3. exclusion of laws adopted by referendum 4. exclusion of constitutional amendments iii. types of decisions : decisions of invalidity, conformity under condition of interpretation d. Judicial review and democracy 5. Fundamental Rights a. The French conception of Human Rights i. The declaration of 1789. Differences with the Bill of Rights ii. The preamble of 1946 iii. The impact of the European convention of Human Rights b. The protection of Human Rights i. The judiciary ii. The council of State iii. The Constitutional council c. Brief examination of some of the Human Rights i. Freedom of expression ii. Freedom of religion and laicité iii. Property : 6. Central-local Relation, Local Autonomy. Relations with European Union a. The French tradition of centralization b. The present organization of local authorities c. Relations with the European Union i. The problem ii. Procedures 1. In the council of State 2. In the Constitutional council a. Review of statutes b. Review of treaties before ratification, art. 54. iii. History 1. Before 1975 a. Costa v. Enel b. Prevalence of French statutes 2. 1975 to the Lisbon Treaty a. CE, Koné b. CE Arcelor iv. the present situation 1. the principle of supremacy of EU Law 2. the constitutional identity of France d. conclusion : sovereignty


Michel Troper *

Just as every bachelor is unmarried, every State is sovereign, because sovereignty is precisely the defining characteristic of the State. But the State is not defined by its relationship to religion. Indeed

States have very different religious policies and some claim to have none. Some States seem to be dominated by religion. Others dominate over religion. from religion. Still others are secular and separate themselves Some States that have been

Furthermore, these relationships change over time.

dominated by religion may become strictly secular or vice versa. Thus, it may seem...
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