Introduction Flashcards
(37 cards)
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