French Court System and Separation of Powers

From the study guide

Course Outline

  1. Separation of Powers and Courts
  2. French Dual Court System
  3. Birth of Administrative Justice
  4. Benefits and Conflicts of Duality
  5. Courts as Constitutional Authority
  6. Judicial Independence and Pressures

1. Separation of Powers and Courts

Key Concepts & Definitions

  • Separation of powers: Montesquieu, l’Esprit des Lois, 1748 — the principle that executing law, creating law, and applying law should be performed by three distinct and independent institutions.

Essential Points

  • The American Constitution is built on the principles of separation of powers.

Memory Hook

E-C-A: execute, create, apply law

2. French Dual Court System

Essential Points

📌 The judicial court system settles private disputes between individuals and judges and punishes people who commit criminal offences, whereas the administrative court system settles disputes between the administration and individuals, including natural and legal persons.

  • The judicial court system and the administrative court system each have their own hierarchy, supreme court, and personnel, and a judge from one system cannot serve as a judge in the other.
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Practice quiz preview

1. Which institutional arrangement best illustrates the principle of separation of powers?

2. Which constitutional system is built on the principle of separation of powers?

3. Which dispute would generally fall under the administrative court system in France?

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Flashcard preview

What principle states law execution, creation, and application are separate?

Separation of powers.

What disputes does the judicial court system settle?

Private disputes between individuals and criminal offences.

What is the supreme court of the administrative court system?

The Conseil d’État.

On which principles is the American Constitution built?

Separation of powers.

In which year during the French Revolution was administrative self-review practiced?

1789

What law established the transition to delegated justice on 24 May 1972?

The law called cadeau

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