The Constitution of France: A Contextual Analysis

The Constitution of France: A Contextual Analysis

by Sophie Boyron

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Product Details

ISBN-13: 9781841137353
Publisher: Hart Publishing
Publication date: 08/01/2010
Series: Constitutional Systems of the World Series
Pages: 220
Product dimensions: 8.30(w) x 5.40(h) x 0.90(d)

About the Author

Sophie Boyron is a senior lecturer in law at the University of Birmingham. She is also, together with John Bell and Simon Whittaker, one of the authors of Principles of French Law (OUP).

Table of Contents

Table of Cases ix

Table of Legislation and other Instruments xiii

1 French Constitutional History: A Difficult Coming of Age 1

The Constitutional 'Big-Bang': The Revolution of 1789 2

The Difficult Implementation of Constitutionalism 7

Understanding French Constitutional History 19

Conclusion: The Merger of Constitutional Traditions? 27

2 In Search of the Constitutional Fundamentals 29

The Legitimacy of the 1958 Constitution 29

The Integrity of the 1958 Constitution 43

The Efficiency of the 1958 Constitution: The Political System 50

Conclusion: Something Old, Something New 54

3 The Primacy of the Executive 56

The Origins - The Search for a Strong Executive 57

The President of the Republic: From Strength to Strength 58

A Contested Bicephalous Executive 63

The Difficult Accountability of the Executive 79

Conclusion 93

4 Towards a Renewal of the Parliament 95

A Return to Institutional Autonomy? 96

The Constitutional Status of Members of Parliament 110

Parliament's Work: A Great Improvement 115

Conclusion: Further Reform? 138

5 The Rise of Judicial Power 141

The Search for Judicial Independence 142

The Rise of the Conseil constitutionnel 150

Towards a Judicial Power? 173

Conclusion 179

6 The Constitution and its People 181

The French People and the Constitution 182

The Sovereign Expression of the French People 188

A Culture of Rights Protection 200

Conclusion: A 'New' Citizen? 204

7 From Centralised Unity to Multilevel Constitutionalism 206

The Rise of Territorial Government 207

Keeping a Check on the European Union 219

Conclusion 234

8 The Dynamics of Constitutional Change 236

The Amendment Procedure: A Question of Choice? 237

The Dynamics of Constitutional Change 243

The Trends for Constitutional Reform 249

Conclusion 253

Index 255

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