Introduction Flashcards
How many constitutions had French in Less than 200 years ?
15
When was the first constitution ?
Septembre 1791
What was the goal of the 1791 constituon ?
Establish a constitutional monarchy.
Why the constitution of 1793 was truly never applied ?
It was in a context of instability inside and outside.
What the constitution of 1793 had done ?
-popular sovereignty
-the right to vote to all men citizens.
-goal was to establish a semi direct democracy
What power was domineering in the constituons of 1793 ?
Legislative
When was the third constitution ?
1795
What notion was includes in the third constitution in order to restore order ?
Notion of duties
What are the key elements of the constitution in France ?
Instability and diversity
What did we call bicameralism ?
When there are two assemblies in the legislative power ( cf sénat/ Assemblée nationale )
What is the dates of the third republic ?
1870-1940
What is a constitution?
The supreme law of a state
What are the three common particularities that we will find in a lot of constitution ?
-The constitution is higher law/ the superior law.
-Deals with certain issues
-it is the legal representation of a collective project.
What is legicentralism ?
It is when the laws enjoyed a special statuts. they are at the center of the legal order.
According to Rousseau. What is the law ?
It is the expression of the general will.Because of it, the law is supposed to be infallible, cannot do wrong.
The constituons protects the rights of what parts of the population ?
Everyone including minority
How did we distinguished between constitution ?
-formal distinction
-substantial distinction
Or
-flexible
-rigid
How many times the constitution of 1958 had been changed ?
24
How many times the constitution of 1787 in the us had been change ?
27
What deals the 89 article ?
Modification of the constitution
Le pouvoir de révision
How can we protect the constitution?
- put difficulty to change the constitution
-create a constitutional court who would protect it
Au us, Quel fut le nom du principe qui a établi que la constit est une norme suprême et inaltérable par des moyens ordinaires ?
Marbury vs Madison
When is the date of the Marbury vs Madison act ?
1803
In Europe when was bringing the judicial review ?
20th century
What was the first country to applied judicial review ?
USA 1803
What is judicial review ?
the power of the federal courts to declare legislative and executive acts unconstitutional.
Which country was the first in Europe to applied judicial review ?
Austria
In French constituai when was the date of The apparition of the first element which is referring to a condition justice ?
1946
What was the first element of the constitution justice in France ?
Conditional comittee
When was the next step after the constituonal comitee in the creation of constituonal justice ?
Conseil constitutionnel in 1958
What the conseil constitution said in 1985 ?
the law is the expression of the general will only when it respects the constitution »
What is the problèm raised by le conseil constitutionnel ?
Legitimacy
Problème of interpretation
How did the tension between constitutional justice and democracy is called ?
Gouvernement by judiciary
What is the bloc de constitutionalité ?
It means that the French constitution is composed of différents elements
When was created the bloc de constitutionalité ?
1970
What are the elements of the bloc de constitutionalité?
-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
What is the decision lf 1971 created ?
it was given by le conseil constit it was the « liberté d’association » . In that décision, the constitutional council created the constitutionality bloc.
