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Book
Dynamics in the French constitution : decoding French republican ideas
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ISBN: 9781138918818 9780415683715 1138918814 0415683718 Year: 2013 Publisher: Abingdon: Routledge,

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Abstract

The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right settlement for the French people; a consensual text. However, while offering the appearance of stability, the Fifth French Republic Constitution has often been reconsidered and changed, not least in the year of its fiftieth anniversary, when the Constitution was 'modernised'. These dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the result of the successive constitutional amendments. Instead, the history of the Constitution has involved the resurgence of repressed archaic elements from the ancient regime, while the social, economic and environmental contexts have penetrated not only the text itself but more extensively its spirit, and behind it, the philosophy and our perception of the Republic. In Dynamics in the French Constitution, David Marrani questions the foundations of the French Fifth Republic. In using specific themes, current and traditional debates, contemporary and archaic factors, that have enlightened the road of long lasting Republic, the book explores some of the changes of the last fifty years and the tensions that are present within the constitutional text. In combining theoretical concepts of constitutional law with key contemporary and historical developments, such as the European integration, the response to environmental challenges, the practice of human rights and the pillars supporting French republicanism, this book offers varied and creative tools for a better understanding of the Republic of today.

Keywords

Constitutional law --- France --- France --- France


Book
Legal certainty in real estate transactions : a comparison of England and France
Authors: ---
ISBN: 9781780682983 9781780687285 Year: 2016 Volume: 147 Publisher: Cambridge : Intersentia,

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Book
Rituel(s) de justice ? : essai anthropologique sur la relation du temps et de l'espace dans le procès
Authors: --- ---
ISBN: 9782806601032 Year: 2011 Volume: *1 Publisher: Fernelmont E.M.E.

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Book
La gouvernance multi-level : penser l'enchevêtrement
Authors: --- --- ---
ISBN: 9782806603074 Year: 2011 Publisher: Cortil-Wodon Éditions modulaires européennes

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Keywords

European law


Book
Legal certainty in real estate transactions : a comparison of England and France
Authors: --- ---
ISBN: 1780687281 1780682980 Year: 2016 Publisher: Cambridge : Intersentia,

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This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. Not only this study identifies the economic impact of the law in both jurisdictions, it also looked at the practitioners' functions in the dealing with commercial real estate transactions. In other words, it analyses the topical position of practitioners such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted to numerous challenges. For instance, nationality requirement for its access, has been ruled by the ECJ as contrary to the freedom of establishment and art. 49 TFEU and not justified by the exercise of public authority". In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered as well as financial cost and delays. They also argue that a liberalisation of professions such as civil law notaires would have very little impact on the cost associated with doing business. As a matter of fact both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently, because of the culturally different relevant angles.


Book
Droit(s) et sanction : études juridiques internationales
Authors: --- --- ---
ISBN: 9782343004297 2343004293 Year: 2013 Publisher: Paris : L'Harmattan,

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