Ce livre présente en 8 chapitres l’ensemble des connaissances nécessaires pour connaître et comprendre les principes du droit constitutionnel ainsi que leur application dans les différents régimes politiques. Il intègre l’actualité française et étrangère la plus récente. Au total, une présentation synthétique, rigoureuse et pratique de la théorie générale du droit constitutionnel. - Étudiants des filières juridiques, notamment 1re année de licence Droit - Étudiants des instituts d’études politiques - Étudiants en 1re année de licence AES - Candidats aux concours de la fonction publique d’État et de la fonction publique territoriale (épreuve de droit public et de culture générale)
Recoge: 1. Special characteristics - 2. The sources of the community law - 3. Relationship to national law.
French books in print
Publisher: Editions du Cercle de La Librairie
The Need for Roots
Author: Simone Weil
First published in 1978. Routledge is an imprint of Taylor & Francis, an informa company.
This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Includes, 1982-1995: Les Livres du mois, also published separately.
Author: James A. Curry, Richard B. Riley, Richard M. Battistoni
Publisher: Kendall Hunt
The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.
Constitutionalism and Democracy
Author: Douglas Greenberg, Stanley N. Katz, Steven C. Wheatley, Melanie Beth Oliviero
Publisher: Oxford University Press
The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.
Unlike many other books about the American founding, this new work by two of the most prominent scholars of American political history emphasizes the coherence and intelligibility of the social compact theory. Social compact theory, the idea that government must be based on an agreement between those who govern and those who consent to be governed, was one of the Founders' few unifying philosophical positions, and it transcended the partisan politics of that era. Contributors to this volume present a comprehensive overview of the social compact theory, discussing its European philosophical origins, the development of the theory into the basis of the fledgling government, and the attitudes of some of the founders toward the theory and its traditional proponents. The authors argue forcefully and convincingly that the political ideas of the American Founders cannot be properly understood without understanding social compact theory and the exalted place it held in the construction of the American system of government.
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.