Sources of Civil Law Exercise 10

France

The Constitution

The present Constitution of France, which is written, dates from 1958, and incorporated the much earlier Declaration of the rights of Man and the Citizen of 1789, which marked the turning point in French legal history. The present constitution is that of the Fifth Republic. The constitution is the supreme law of France and the Constitution can only be changed according to strict procedures. The Constitution is the highest source of law together with law amending the Constitution. Next come International Treaties, then statutes of parliament – which are divided further into a small hierarchy of their own. Included in written law are the codes of law.

Codes

Civil Code; Criminal Code; Civil Procedure Code; Criminal Procidure Code; Commercial Code;

International treaties

These are international treaties and agreements negotiated between France and foreign States, such as, for example, the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, which came into force, as far as France was concerned, in 1974 and which currently binds 40 member states of the Council of Europe.

Laws and Statutes

Various laws, statutes and regulations refer to the primary level of law

Secondary. Case Law

Case law is still not seen as a primary source of law however but rather an authoritative or secondary source. Courts do not have to follow previous decisions – there is no rule of precedent, for example – although they may in fact do so. Indeed courts are not bound to follow their own decisions, even if they are appeal courts – although they may do so.

Core Vocabulary 3

Verbs of mental activity

judicial precedent – судебный прецедент

speculate – размышлять

stare decisis – придерживайся решенного

think over –обдумывать

apply facts/ decision – применять факты / решения

think through – продумывать; добираться до сути дела

point of law – вопрос права

think hard – напряженно размышлять

original precedent – первичный прецедент

consider – рассматривать

legal reasoning – правовое обоснование

evaluate – оценивать

make a ruling – вынести решение

tackle – решать проблему

material facts – существенные факты

examine - изучать

reason to decide a case – мотивировка

structure a train of thought – выстроить ход размышлений