Concepts
Droit Administratif: The French Law of Public Administration
French droit administratif (administrative law) is the body of law governing the organization, powers, and liabilities of public administration. It is distinguished from private law by its autonomy — …
French Legal Methodology: Reasoning, Style, and Judicial Structure
French legal methodology is characterised by a distinctive approach to judicial reasoning that reflects the civil law tradition’s emphasis on deductive logic, statutory interpretation, and …
Legal Certainty (Securite Juridique) in France
The Concept of Securite Juridique Legal certainty (securite juridique) is a fundamental principle of French public law, recognised as an implicit constitutional norm by the Conseil constitutionnel. …
Personal Fault (Faute) in French Tort Law
The concept of faute (fault) is the cornerstone of French extracontractual civil liability. Governed by Articles 1240 and 1241 of the Civil Code, the general principle holds that any act causing …
Public Order as a Limitation on Rights
The concept of ordre public (public order) is a foundational limitation on individual rights and freedoms in French law. It serves as the legal basis for restricting liberty in the interest of public …
Responsibility in French Legal Thought
The Concept of Responsibility in French Law Responsibility (responsabilité) in French legal thought encompasses the principle that a person who causes harm to another must provide reparation. French …
Separation of Powers in France: Executive Dominance and Rationalised Parliamentarism
The separation of powers in France reflects a distinctive conception that evolved from revolutionary hostility to judicial power to a modern system characterised by executive dominance within a …
Service Public in French Law
The Concept of Service Public Service public (public service) is the foundational concept of French administrative law, defining the scope of administrative jurisdiction and the application of special …
The Bloc de Constitutionnalité: Norms of French Constitutional Review
The bloc de constitutionnalité (constitutional block) is the set of norms that the Constitutional Council applies in its review of legislation. It comprises the written Constitution of 1958, the texts …
The Doctrine of Cause in French Contract Law
The doctrine of cause (cause) was a distinctive feature of French contract law that required every valid contract to have a lawful cause or reason for the obligation. It distinguished French civil law …
The French Equality Principle: Formal Equality, Material Equality, and Discrimination Law
The French equality principle is a foundational element of the French legal order, rooted in the Declaration of the Rights of Man and of the Citizen of 1789 and developed through the jurisprudence of …
The Legacy of the Code Napoléon
The Code Napoléon, officially the Code Civil des Français, was promulgated on 21 March 1804 and remains the foundation of French private law. Its influence extends far beyond France, making it one of …
The Principle of Legality in French Criminal Law
The principle of legality (principe de légalité) is a fundamental tenet of French criminal law, expressed by the Latin maxims nullum crimen, nulla poena sine lege (no crime, no punishment without …
The Principle of Proportionality in French Law
The principle of proportionality (principe de proportionnalité) is a fundamental tool of judicial review across French law. It requires that measures restricting rights or imposing obligations be …