-Bureaucratic structure increases causing complication which could not have been foreseen.
-Legislation develops which is outside the code:.
1. Special Statutes) *Usually passed by the exec. Branch.
2. Regulations ) .
-Legislature delegates the power to pass special legislation to exec.
-Judicial interpretation emerges addressing the laws outside the code.
-Thus glosses exist on the legislative texts(glosses sometimes occurred in "special courts-.
-Before nations were treated as a whole, now it is understood that each area must be treated differently.
B. "Separation of Powers-(Basically talking about France).
-Civil law is entirely different largely due to fear of the judiciary.
-Results in the legislature(parliament) being supreme as they are elected officials.
-The 2nd key component is "no government by judges- they actually prohibit judicial review of legislative actions.
C. Parliamentary Governments(France is a special case).
-legislature is supreme and is the source of executive power.
-from the legislature comes the Prime Minister who is appointed by the head of state and must be selected from the majority party.
D. Judiciary.
-Dual(or even multiple) hierarchies of courts.
Administrative Courts Ordinary Courts.
-Review Public Laws -Track "civil-.
-disputes w/government litigation.
agencies -Criminal Law.
-laws passed by leg.
.
-In some of these countries these two are both part of the judiciary.
-France being the exception in which the Admin. Courts are part of the exec. branch.
II. France.
A. Introduction.
-France's system is very heavily influenced by their historical mistrust of the jury and their belief that the country should be run by a national representative legislature.
-This was changed largely due to Charles DeGaul.
-The 1958 constitution came as a conservative reaction against WWII and the conservative element game power to the President.
-The exec. and leg. branches are virtual equals(very different from standard parliamentary model).