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French Constituional Law > Introduction > Flashcards

Introduction Flashcards

1
Q

How many constitutions had French in Less than 200 years ?

A

15

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2
Q

When was the first constitution ?

A

Septembre 1791

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3
Q

What was the goal of the 1791 constituon ?

A

Establish a constitutional monarchy.

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4
Q

Why the constitution of 1793 was truly never applied ?

A

It was in a context of instability inside and outside.

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5
Q

What the constitution of 1793 had done ?

A

-popular sovereignty
-the right to vote to all men citizens.
-goal was to establish a semi direct democracy

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6
Q

What power was domineering in the constituons of 1793 ?

A

Legislative

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7
Q

When was the third constitution ?

A

1795

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8
Q

What notion was includes in the third constitution in order to restore order ?

A

Notion of duties

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9
Q

What are the key elements of the constitution in France ?

A

Instability and diversity

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10
Q

What did we call bicameralism ?

A

When there are two assemblies in the legislative power ( cf sénat/ Assemblée nationale )

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11
Q

What is the dates of the third republic ?

A

1870-1940

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12
Q

What is a constitution?

A

The supreme law of a state

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13
Q

What are the three common particularities that we will find in a lot of constitution ?

A

-The constitution is higher law/ the superior law.
-Deals with certain issues
-it is the legal representation of a collective project.

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14
Q

What is legicentralism ?

A

It is when the laws enjoyed a special statuts. they are at the center of the legal order.

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15
Q

According to Rousseau. What is the law ?

A

It is the expression of the general will.Because of it, the law is supposed to be infallible, cannot do wrong.

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16
Q

The constituons protects the rights of what parts of the population ?

A

Everyone including minority

17
Q

How did we distinguished between constitution ?

A

-formal distinction
-substantial distinction
Or
-flexible
-rigid

18
Q

How many times the constitution of 1958 had been changed ?

A

24

19
Q

How many times the constitution of 1787 in the us had been change ?

A

27

20
Q

What deals the 89 article ?

A

Modification of the constitution
Le pouvoir de révision

21
Q

How can we protect the constitution?

A
  • put difficulty to change the constitution
    -create a constitutional court who would protect it
22
Q

Au us, Quel fut le nom du principe qui a établi que la constit est une norme suprême et inaltérable par des moyens ordinaires ?

A

Marbury vs Madison

23
Q

When is the date of the Marbury vs Madison act ?

A

1803

24
Q

In Europe when was bringing the judicial review ?

A

20th century

25
Q

What was the first country to applied judicial review ?

A

USA 1803

26
Q

What is judicial review ?

A

the power of the federal courts to declare legislative and executive acts unconstitutional.

27
Q

Which country was the first in Europe to applied judicial review ?

A

Austria

28
Q

In French constituai when was the date of The apparition of the first element which is referring to a condition justice ?

A

1946

29
Q

What was the first element of the constitution justice in France ?

A

Conditional comittee

30
Q

When was the next step after the constituonal comitee in the creation of constituonal justice ?

A

Conseil constitutionnel in 1958

31
Q

What the conseil constitution said in 1985 ?

A

the law is the expression of the general will only when it respects the constitution »

32
Q

What is the problèm raised by le conseil constitutionnel ?

A

Legitimacy
Problème of interpretation

33
Q

How did the tension between constitutional justice and democracy is called ?

A

Gouvernement by judiciary

34
Q

What is the bloc de constitutionalité ?

A

It means that the French constitution is composed of différents elements

35
Q

When was created the bloc de constitutionalité ?

A

1970

36
Q

What are the elements of the bloc de constitutionalité?

A

-The constitution of 1958.
-The declaration of the rights of mens and citizens.
-The preamble of the constitution of 1946.
-The fundamentals principles acknowledge by the law of the republic
-The charter for the environment.
-Certain principles recognized by le conseil constitutionnel

37
Q

What is the decision lf 1971 created ?

A

it was given by le conseil constit it was the « liberté d’association » . In that décision, the constitutional council created the constitutionality bloc.

French Constituional Law (2 decks)

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