Academic literature on the topic 'Judicial Borrowing'
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Journal articles on the topic "Judicial Borrowing"
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Гладунова, Елена. "Государственная служба в судебных органах Европы и Украины: сравнительный анализ." Studia Sieci Uniwersytetów Pogranicza 5 (2021): 45–61. http://dx.doi.org/10.15290/sup.2021.05.04.
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Goal – to carry out a comparative analysis of civil service in the judiciary of Europe and Ukraine and highlight the positive foreign experience for the possibility of borrowing it in the Ukrainian state. Research methodology – the article uses the method of system analysis, an integrated approach, a comparative method, as well as analysis and generalization of practical activities. Score/results – the article analyses the organization and functioning of the civil service on the example of some foreign countries. The main similarities and differences in the relationship between the institution of public service and the judicial authorities of Ukraine are highlighted. Ways of functional optimization and problem solution based on borrowing foreign experience are proposed. Originality/value – the work was performed by the author independently, without outside help. The article contains links to quotes, as well as links to legislation. In essence, the article is an overview report.
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Susilowati, Susi, Hany Maria Valentine, and Samuel Ramos. "Rancang Bangun Aplikasi Simpan Pinjam Koperasi Pegawai Pada Komisi Yudisial RI Berbasis Android." Eksplorasi Teknologi Enterprise dan Sistem Informasi (EKSTENSI) 1, no. 1 (November 30, 2022): 1–8. http://dx.doi.org/10.59039/ekstensi.v1i1.1.
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The Indonesian Judicial Commission Employee Cooperative in the process has several problems, namely the loan application process is still in the form of paper which is prone to loss. Cooperative members do not know whether the savings and loan application process are accepted or rejected. Then in the process of saving, borrowing, instalment and member registration transactions that cannot be accessed online. For the analysis method and the concept of this information system, the Unified Modelling Language (UML) model with the Flutter programming language and MySQL database is used. With the construction of an employee cooperative savings and loan information system at the Indonesian judicial commission, it can solve the problems faced in the company. Such as loan applications, saving, borrowing, instalment and member registration processes. This reduces work using Microsoft Excel or Word and file filling. The results obtained with the construction of this information system accelerate the savings and loan process and facilitate access to the application process.
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Samararatne, Dinesha. "Judicial borrowing and creeping influences: Indian jurisprudence in Sri Lankan public law." Indian Law Review 2, no. 3 (September 2, 2018): 205–23. http://dx.doi.org/10.1080/24730580.2018.1564961.
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RUBIN, AVI. "Legal borrowing and its impact on Ottoman legal culture in the late nineteenth century." Continuity and Change 22, no. 2 (August 2007): 279–303. http://dx.doi.org/10.1017/s0268416007006339.
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ABSTRACTThe article sheds fresh light on socio-legal change in the Ottoman Empire during the late nineteenth century by focusing on the legal culture that emerged in the newly established Nizamiye court system. It is argued that a characteristic Nizamiye discourse that emphasized procedure mirrored the syncretic nature of this judicial system. This syncretism was a typical outcome of legal borrowing, encompassing both indigenous and foreign legal traditions. In addition, the article points to the possible impact of the new legal culture on judicial strategies employed by litigants. The accentuation of procedure opened up new litigation opportunities for the wealthier classes while disadvantaging and alienating the lower strata of society. Yet Ottoman law also provided some legal solutions for the lower orders.
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Gusev, Aleksey Yu. "The Development of Legal Provisions on Protection of Social Rights of Employees in the Pre- Revolutionary Russia (the Early XX Century)." Arbitrazh-civil procedure 4 (April 8, 2021): 56–60. http://dx.doi.org/10.18572/1812-383x-2021-4-56-60.
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The author analyzes the legally established methods of protecting the right to social security of employees and their family members in pre-revolutionary Russia, judicial protection of such rights, examines the practical issues of applying such protection, the main sources of Russian legislation of that time that regulated these issues, and makes some suggestions about the possibility of borrowing positive experience by modern Russian legislators.
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Красівський, Орест, and Орися Мерза. "European experience of state policy in the field of justice." Public administration aspects 8, no. 4 (October 29, 2020): 55–63. http://dx.doi.org/10.15421/152080.
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The article considers European experience of state policy in the field of justice. Various models of justice in Europe, on the basis of which protection of rights and freedoms of citizens and their interaction with public authorities and local governments is ensured, are considered. Different approaches to the construction of the system of justice in different European countries are highlighted. The essence of the judicial bodies in different European countries is determined and their activity is evaluated.It is argued that each European country has its own peculiarities of appointment of judges to their positions. It is determined that in most European countries organizational support of judicial institutions belongs to the competence of executive bodies, which are mainly the Ministries of Justice. Common and distinctive features of the activity of judicial bodies in European countries and in Ukraine are analyzed. It is noted that in Ukraine, in contrast to European countries, the powers in the field of intellectual property do not belong to the judicial bodies, but to the State Intellectual Property Service of Ukraine, which is a separate central executive body. Proposals regarding improvement of the activities of the judiciary bodies in Ukraine, taking into account European experience, are made. European experience shows that a rationally constructed system of justice can be an effective mechanism for protection of rights of citizens and promote the development of a civilized legal society. Analysis of this experience shows the possibility of borrowing the positive achievements of European legal policy to improve the activities of judiciary bodies in Ukraine. European standards will promote the establishment of the rule of law in Ukrainian state and ensure effective protection of human and civil rights in relations with public administration and local self-government bodies arising in the field of public legal relations in Ukraine.
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Masterman, Roger. "The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?" Northern Ireland Legal Quarterly 71, no. 2 (August 14, 2020): 285–302. http://dx.doi.org/10.53386/nilq.v71i2.320.
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It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.
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KELEMEN, R. DANIEL, and TERENCE K. TEO. "Law, Focal Points, and Fiscal Discipline in the United States and the European Union." American Political Science Review 108, no. 2 (May 2014): 355–70. http://dx.doi.org/10.1017/s0003055414000100.
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Many studies suggest that strict balanced budget rules can restrain sovereign debt and lower sovereign borrowing costs, even if those rules are never enforced in court. Why might public officials adhere to a rule that is practically never enforced in court? Existing literature points to a legal deterrence logic in which the threat of judicial enforcement deters sovereigns from violating the rules in the first place. By contrast, we argue that balanced budget rules work by coordinating decentralized punishment of sovereigns by bond markets, rather than by posing a credible threat of judicial enforcement. Therefore, the clarity of the focal point provided by the rule, rather than the strength of its judicial enforcement mechanisms, determines its effectiveness. We develop a formal model that captures the logic of our argument, and we assess this model using data on U.S. states. We then consider implications of our argument for the impact of the balanced budget rules recently imposed on eurozone states in the Fiscal Compact Treaty.
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Emeziem, Cosmas. "From Judicial Transplants to Judicial Translations: Constitutional Courts in Southern Africa – A Comparative Review." International and Comparative Law Review 19, no. 1 (June 1, 2019): 74–124. http://dx.doi.org/10.2478/iclr-2019-0003.
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Summary The contemporary legal landscape in Southern Africa and its responsiveness to the challenges in the region can be explained in many ways. Part of the explanation has been the idea of legal transplants—which entails borrowing and adapting legal norms, and structures from different legal systems in order to resolve legal problems in the region. The end of apartheid and other rapid changes in the region—political, racial, economic and social—has directly placed the courts on the frontlines of human rights protection especially on socio-economic rights and other overarching concerns of law reform. The adoption of constitutional courts in some of the countries, and consequent judicial activist turn in the jurisprudence of courts in the region generally; has inserted the courts into the mainstream of policy deliberations. Thus, this paper claims that legal transplant per se does not explain the full reality of what is going on in the region—in terms of nomativization, transmission, adoption, and adaptation of legal ideas within the respective systems in the region. It further claims that a mesh of different understandings and approaches to legal comparison and development is more suitable as a method of studying pluralist complex systems as we see in the region. Hence, the notion of judicial translation—the judiciary forming the membrane, purveyor and capillary of legal transmission—as an essential lens through which we can better view and understand the legal evolution in the region. Taking the institution of courts – particularly constitutional courts—and examining their jurisprudence as epitomized in some of their decisions of finality—the work seeks to begin a meaningful deliberation about the role of courts in law, social change, and policy in the region. It is divided into three major parts for ease of discourse. It is hoped that this would be a fitting exordium into the more significant meaning of legal transplant through judicial intervention in otherwise predominantly policy questions in the Southern African region.
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Stanciu, Mihai-Alexandru. "The content of the preventive measure of home detention." Technium Social Sciences Journal 16 (January 4, 2022): 642–48. http://dx.doi.org/10.47577/tssj.v16i1.5649.
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The criminal procedural provisions in Romania regulate a number of 5 preventive measures, of which 3 are custodial and two restrictive. Of these, the measure of house arrest, regulated as a novelty at the beginning of 2014, seems to be an intermediate form between judicial control and pre-trial detention, borrowing elements of content from both measures. Compared to the obligations that can be imposed on the defendant arrested at home, certain situations can be left uncovered by the legislator, which can make the measure seem ineffective in practice.
Dissertations / Theses on the topic "Judicial Borrowing"
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Bateman, William. "Parliamentary control of public money." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/286229.
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This dissertation analyses the idea that parliament controls public money in parliamentary constitutional systems of government. That analysis proceeds through an historical and contemporary examination of the way legal practices distribute authority over public money between different institutions of government. The legislative and judicial practices concerning taxation, public expenditure, sovereign borrowing, and the government financing activities of central banks are selected for close attention. The contemporary analysis focuses on the design and operation of those legal practices in the United Kingdom and the Commonwealth of Australia, in the context of the boom-bust-recovery economic conditions experienced between 2005 and 2016. The dissertation's ultimate claims are explanatory: that "parliamentary control" is a poor explanation of the distribution of financial authority in parliamentary systems of government and should be jettisoned in favour of an idea of "parliamentary ratification". An empirically engaged methodology is adopted throughout the dissertation and (historical and contemporary) public sector financial data enrich the legal analysis. The dissertation acknowledges the impact of, but remains agnostic between, different economic and political perspectives on fiscal discipline and public financial administration. The dissertation makes a number of original contributions. It provides a detailed examination of the historical development, legal operation and constitutional significance of annual appropriation legislation, and the legal regimes governing sovereign borrowing and monetary finance. It also analyses the way that law interacts with government behaviour in situations of economic emergencies (focusing on the Bank of England's public financing activities since 2008), and the institutional and doctrinal obstacles facing judicial involvement in disputes concerning public finance (focusing on the Australian judiciary's recent engagements with public expenditure legislation).
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CIUFFOLETTI, SOFIA. "DAL FENOMENO DEL JUDICIAL BORROWING AL DIALOGO TRANSNAZIONALE FRA CORTI. I NUOVI ORIZZONTI DEL DIBATTITO DOTTRINALE." Doctoral thesis, 2011. http://hdl.handle.net/2158/865629.
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L’influenza della giurisprudenza straniera all’interno del processo argomentativo dei giudici, in particolare dei giudici costituzionali, riassunta recentemente nell’efficace espressione judicial borrowing, è pratica che si manifesta storicamente, pur con caratteristiche e significati multiformi, fin dai primordi della modernità giuridica.
In anni recenti si è, però, imposto all’osservazione dei teorici del costituzionalismo contemporaneo un fenomeno che ha aperto nuovi scenari di riflessione teoretica, spingendo la dottrina a spiegazioni ermeneutiche contrapposte.
Intendiamo, qui, riferirci al fenomeno del “dialogo” tra corti, che si manifesta come atteggiamento recettivo e interattivo di varie corti costituzionali, supreme, internazionali che, in tempi recenti e progressivamente, sono passate da un generale modello di judicial borrowing, mera importazione di giurisprudenza straniera, caratterizzato dalla passiva dipendenza epistemica da categorie giuridiche e costituzionali di pochi paesi esportatori, a una consapevole e aperta ricerca di modelli giurisprudenziali avanzati di protezione dei diritti a livello globale.
La tesi intende analizzare l'evoluzione storica della pratica del judicial borrowing e verificare le manifestazioni attuali del modello recettivo, fornendo un sistema descrittivo e interpretativo del paradigma dialogico in esame.
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Wu, Chi-Hsien, and 吳紀賢. "On the Judicial Practice of Borrowing Other’s Name for Real Estate Registration: Focusing on the Interactions between Types of Cases and Burden of Proof." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/k7saa4.
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碩士國立中央大學
產業經濟研究所
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After years of development, the country’s current judicial practice on the type of contract of borrowing other’s name for real estate registration has moved on from denying its validity to recognizing it as a nameless contract in the majority of cases. Additionally, based on the principle of freedom of contract, under the condition that the said contract does not violate general legal principle of imperative provision, public policy and morals in the Civil Code, its validity shall be recognized. In Mainland China, there are similar acts with borrowing other’s name for real estate registration, which is known locally as “Buying a House by the Name of another Person.” This research aims to collect and analyze the literature and practical judgments concerning the issue of borrowing other’s name for real estate registration so as to clarify the characteristics, validity, and its legal status in Mainland China and Taiwan. There is a gradual increase of legal disputes involving borrowing other’s name for real estate registration in recent years, which demonstrates the significance of the controversy involved in judicial practice, as well as the fact that the reason for initiating litigation has become diversified. In addition, in civil litigation, the defining factor of winning or losing a lawsuit is the burden of proof. Therefore, during litigation, it is extremely crucial for litigants on how the court distributes the burden of proof and how to decide whether the scenario of borrowing other’s name for real estate registration takes place or not, as well as if consistent and common logic and standard are found in judicial decisions involving similar causes and facts. The aim of this research is to summarize and categorize the features and imagery of court cases of similar causes and facts involving borrowing other’s name for real estate registration, and then uses the said summary and categorization to observe and examine the Taiwan Taoyuan District Court’s judgment of civil litigations involving borrowing other’s name for real estate registration in 2017. The researcher cross-examines and investigates the interactions between various types of litigations and the litigants’ burden of proof in judicial practice, and proposes his initial observations and analysis in how the court affirms the occurrence of borrowing other’s name for real estate registration, how it allocates the burden of proof, and how it investigates the facts and interpreted the laws, and if consistent and common standard exists in the process of judgment. Finally, through the aforementioned empirical observation, the research proposes some perspectives in response to the controversy surrounding borrowing other’s name for real estate registration, and aims to provide guidance for litigants in cases involving borrowing other’s name for real estate registration. It is hoped that the humble opinions proposed in this research would serve as a blueprint for further studies of the legal systems of borrowing other’s name for real estate registration.
Books on the topic "Judicial Borrowing"
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Dixon, Rosalind, and David Landau. Abusive Constitutional Borrowing. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893765.001.0001.
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We live in a golden age of comparative constitutional law. Liberal democratic ideas have diffused readily around the world, and certain features such as judicial review and constitutional rights are now nearly universal. At the same time, recent years have seen a pronounced trend toward the erosion of democracy. This book argues that the rhetorical triumph of liberal democratic constitutionalism, and the tendency toward democratic retrenchment, are fully consistent phenomena. Legal globalization has a dark side: norms intended to protect and promote liberal democratic constitutionalism can often readily be used to undermine it. Abusive constitutional borrowing involves the appropriation of liberal democratic constitutional designs, concepts, and doctrines to advance authoritarian projects. Some of the most important hallmarks of liberal democratic constitutionalism—including constitutional rights, judicial review, and constituent power—can be turned into powerful instruments to demolish rather than defend democracy. The book offers a wealth of examples, selected both to shed new light on well-known cases such as Hungary, Poland, and Venezuela, as well as to expand discussions by considering contexts such as Cambodia, Rwanda, and Fiji. It also discusses the implications of the phenomenon of abusive constitutional borrowing for those who study and promote liberal democracy and related fields like human rights. It suggests ways in which the construction of norms might be improved to protect against abuse (what we call ‘abuse-proofing’), as well as ways in which monitoring regimes might be more attuned to the threat. Finally, it suggests recasting debates about liberal democracy to emphasize contestation, rather than mimicry.
Book chapters on the topic "Judicial Borrowing"
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Dixon, Rosalind, and David Landau. "Abusive Judicial Review." In Abusive Constitutional Borrowing, 81–115. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893765.003.0005.
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This chapter explains the concept of abusive judicial review: the use of courts by regimes to achieve anti-democratic constitutional change. Abusive judicial review involves abusive constitutional borrowing in two distinct senses: first, regimes lean on captured or cowed courts as a strategy to legitimate or advance authoritarian goals, and second, those courts often draw upon liberal democratic doctrines in abusive ways. It develops a typology of two different forms of the phenomenon—a weak form where courts uphold authoritarian moves by political actors, and a strong form where they act more directly to remove obstacles to authoritarian programs. Finally, it draws out two main examples: the Venezuelan Supreme Court’s repression of the opposition-held legislature using a doctrine of ‘legislative omission’ and other tools, and the wielding of militant democracy doctrines by the Cambodian and Thai apex courts to ban parties for authoritarian ends.
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Dixon, Rosalind, and David Landau. "The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review." In Abusive Constitutional Borrowing, 152–75. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893765.003.0007.
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This chapter explores the abusive borrowing of an important set of concepts associated with political constitutionalism, or the idea that political institutions such as legislatures, rather than courts, should be chiefly charged with interpreting and enforcing the constitution. It shows how regimes in Hungary and Poland have relied heavily (and erroneously) on these theories to justify attacks on their judiciaries without seeking to develop the set of political and social preconditions which would be necessary for political forms of constitutional interpretation to make sense. It also shows how allies of Prime Minister Benjamin Netanyahu, in Israel, have (so far unsuccessfully) attempted to import the ‘weak-form’, dialogic, or New Commonwealth model of judicial review instantiated in Canada, which allows for a legislative override, in a context where the chief goal was immunizing the Prime Minister from ongoing criminal prosecution.
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Dixon, Rosalind, and David Landau. "Democracy and Abusive Constitutional Change." In Abusive Constitutional Borrowing, 23–35. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893765.003.0002.
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This chapter defines abusive constitutional change as an intentional attack on the democratic minimum core, or a minimalist, electorally focused definition of democracy familiar from recent work in law and political science. The advantage of using a yardstick for abuse that is a relatively thin, electoral version of democracy is that it avoids engaging more contestable commitments and thus enjoys a higher degree of global consensus. The chapter also distinguishes democracy from liberalism and explores the complex relationship between the two concepts. There is a theoretical tension between democracy and liberalism, although recent experience has suggested a strong tendency for them to erode together. Finally, the chapter explains the main forms of abusive constitutional change—formal constitutional amendment and replacement, sub-constitutional change through the passage of new legislation, and informal methods of change such as judicial reinterpretation. Most recent experiences with democratic erosion rely on a broad mix of these methods.
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Calabresi, Steven Gow. "The Republic of Korea." In The History and Growth of Judicial Review, Volume 2, 189–200. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.003.0008.
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This chapter studies judicial review in South Korea. There are several explanations for the origins and growth of South Korean judicial review. First, judicial review emerged in South Korea for rights from wrongs reasons because of human rights abuses due to three hyper-presidentialist dictatorships. Second, judicial review emerged in South Korean because the separation of power between the unicameral legislature and the president required a judicial umpire. Third, judicial review emerged in South Korea because, according to Professor Tom Ginsburg, two relatively coequal political parties wanted it for reasons of insurance and commitment that fundamental rights would be protected when they were out of power. And, fourth, by the 1980s, the World Bank, the International Monetary Fund (IMF), and global trading partners had all come to associate regimes with judicial review of legislation as being less corrupt and more prone to observe the rule of law than were regimes without this institution. There has thus been a lot of borrowing of judicial review by various countries in modern times. As such, borrowing is also part of the explanation for the origins of judicial review of the constitutionality of legislation in South Korea.
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Calabresi, Steven Gow. "Introduction The Birth and Growth of Judicial Review in the Civil Law World." In The History and Growth of Judicial Review, Volume 2, 1–8. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.003.0001.
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This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....
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Pollicino, Oreste. "Populist Constitutional Grammar - Between Manipulative Borrowing and Bad (Judicial) Masters." In Anti-Constitutional Populism, 434–61. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009031103.017.
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Calabresi, Steven Gow. "The Union of India: Umpiring and Rights from Wrongs." In The History and Growth of Judicial Review, Volume 1, 263–310. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0008.
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This chapter addresses the legal system as well as the origins and growth of judicial review in India. Judicial review originated and grew in India for five reasons. First, the history of Privy Council vertical federalism judicial review umpiring in the British Imperial period habituated Indians to the idea of judicial review of the legality of legislation in the sense of an imperial court reining in errant federal subunits. Second, the Framers of the Indian Constitution of 1950 deliberately decided to borrow the strong kind of judicial review described by Professor Gordon Wood from the U.S. Constitution, as well as borrowing from the United States, the idea of a judicially enforceable Bill of Rights. Third, former Prime Minister Indira Gandhi’s state of emergency, in the 1970s, led all the key players in Indian politics to want judicial review for rights from wrongs reasons. Fourth, judicial review in India has functioned as an umpire between the Union government and the states and among the states and various other entities of the Union of India government. Fifth, the Indian National Congress Party was part of an Ackermanian mass mobilization of people who successfully sought independence and which constitutionalized its charisma by peaceful means.
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Calabresi, Steven Gow. "The Republic of South Africa." In The History and Growth of Judicial Review, Volume 1, 337–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0010.
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This chapter explores the origins and growth of judicial review in South Africa. Judicial review originated in South Africa in 1994 for rights from wrongs reasons. The great moral wrongs of racist Afrikaner and British imperial rule could only be overcome with a new Democratic Constitution, accepted by blacks and whites, with a very generous Bill of Rights that is enforced by a very powerful Constitutional Court. The African National Congress (ANC) party, led by Nelson Mandela, had called for a Bill of Rights and judicial review ever since the 1950s. In the 1990’s, the ANC got its wish. South African judicial review also result, in part, from borrowing. South Africans borrowed heavily from the Canadian Charter of Rights and Freedoms of 1982 and from the German Basic Law of 1949. South Africa particularly borrowed from Germany the idea of creating one very powerful Constitutional Court, which alone has the power of judicial review in South Africa.
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"World Bank Experience with Judicial Reform in Borrowing Countries — Some Relevant Issues." In The World Bank in a Changing World, 247–76. Brill | Nijhoff, 2000. http://dx.doi.org/10.1163/9789004480377_010.
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Calabresi, Steven Gow. "The Republic of France." In The History and Growth of Judicial Review, Volume 2, 157–88. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.003.0007.
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This chapter looks at French judicial review. From the French Revolution of 1789 up until the adoption in 1958 of the Constitution of the Fifth Republic, the Republic of France refused to tolerate any kind of judicial review of the constitutionality of legislation. The traditional French view was that judicial power is oligarchic, opposed to progressive causes, and should be contained as much as possible. The 1958 French Constitution provides an elaborate system of checks and balances with its bicameral legislature consisting of the National Assembly and the Senate; with its division of the executive power between the president and the prime minister (who can be from opposite political parties); and with its increasing focus on decentralization. As such, just as federalism umpiring helped to give rise to judicial review in the United States, Canada, Australia, Switzerland, and India, so too did separation of powers umpiring help to give rise to judicial review in France. Judicial review in France was hugely expanded in 1971, for rights from wrongs reasons; in 1974, for insurance and commitment reasons; and in 2008, for borrowing reasons.