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European Legal Structures

            
            
            
             -Bureaucratic structure increases causing complication which could not have been foreseen.
             -Legislation develops which is outside the code:.
             1. Special Statutes) *Usually passed by the exec. Branch.
             2. Regulations ) .
             -Legislature delegates the power to pass special legislation to exec.
             -Judicial interpretation emerges addressing the laws outside the code.
             -Thus glosses exist on the legislative texts(glosses sometimes occurred in "special courts-.
             -Before nations were treated as a whole, now it is understood that each area must be treated differently.
             B. "Separation of Powers-(Basically talking about France).
             -Civil law is entirely different largely due to fear of the judiciary.
             -Results in the legislature(parliament) being supreme as they are elected officials.
             -The 2nd key component is "no government by judges- they actually prohibit judicial review of legislative actions.
             C. Parliamentary Governments(France is a special case).
             -legislature is supreme and is the source of executive power.
             -from the legislature comes the Prime Minister who is appointed by the head of state and must be selected from the majority party.
             D. Judiciary.
             -Dual(or even multiple) hierarchies of courts.
             Administrative Courts Ordinary Courts.
             -Review Public Laws -Track "civil-.
             -disputes w/government litigation.
             agencies -Criminal Law.
             -laws passed by leg.
             .
             -In some of these countries these two are both part of the judiciary.
             -France being the exception in which the Admin. Courts are part of the exec. branch.
             II. France.
             A. Introduction.
             -France's system is very heavily influenced by their historical mistrust of the jury and their belief that the country should be run by a national representative legislature.
             -This was changed largely due to Charles DeGaul.
             -The 1958 constitution came as a conservative reaction against WWII and the conservative element game power to the President.
             -The exec. and leg. branches are virtual equals(very different from standard parliamentary model).


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