The Birth of Judicial Politics in France

The Birth of Judicial Politics in France
Author: Alec Stone Sweet
Publisher: Oxford University Press, USA
Total Pages: 326
Release: 1992
Genre: Constitutional courts
ISBN: 0195070348

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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

Judicial Politics and Urban Revolt in Seventeenth-Century France
Author: Sharon Kettering
Publisher: Princeton University Press
Total Pages: 384
Release: 2015-03-08
Genre: History
ISBN: 1400869781

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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.

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

Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries
Author: James M. Donovan
Publisher: Univ of North Carolina Press
Total Pages: 273
Release: 2010-02-01
Genre: Law
ISBN: 0807895776

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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.

Judicial Politics in Europe

Judicial Politics in Europe
Author: Mary L. Volcansek
Publisher: Peter Lang Incorporated, International Academic Publishers
Total Pages: 348
Release: 1986
Genre: Law
ISBN:

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Judicial Politics in Europe traces relations between each of the Member State judiciaries of nine countries of the European Community with the European Court of Justice, centering on the legal issue of preliminary rulings. The purpose of this exploration is to describe in a political-economic context the changes in these relationships over the period from 1961 to 1981 and to explain the causes and conditions of compliance or defiance of Community norms within the national judiciaries. This book is the first attempt to consider the impact of judicial norms cross-culturally.