B. Executive Branch.
-Power comes from Articles:.
34-Lists the subject matter on which the legislature may legislate; civil rights, taxes and fundamental principles.
37-States that matters not governed by laws may be treated by the executives authority to issue decrees.
38-Allows that any matter the legislature has left unclear may be filled out by the president via the use of ordinances.
-In France the President is the respected power of the nation, he is elected by the people and therefore may have his own agenda.
-The PM is the top man in the presidents cabinet.
-Administrative Courts.
-Created as a result of the distrust of the courts.
-Administrative Acts; deals w/disputes between agencies, certain constitutional issues and executive legislation.
-Structure and Procedure.
-33 Administrative Courts (regulatory, administrative tribunal).
-The Council of States is essentially the Supreme Court of the administrative courts and their decisions are final.
-Tribunal of Conflicts.
-decide whether the case goes to the admin. or just regular judiciary.
-Separate Supreme Courts exist for the admin and regular.
-The main organ of the executive government operates as members of the Supreme Court.
C. Legislative Branch.
-It's a bicameral parliament(National Assembly, Senate).
-The Powers of the Parliament to legislate are derived from Art. 34.
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Ordinary Courts Administrative Courts.
Judiciary Executive Branch.
! !.
Highest Court- Final Review Court-.
Court of Cassation Council of State.
! ! .
No power to review Can review "executive-.
legislative or exec. legislation(ordinances, decrees).
(regulatory laws, special legislation).
D. Constitutional Council(Separate Organ).
-Reviews parliamentary legislation.
-Consists of 9 members(3 elected by pres, 3 by Nat'l Assembly, 3 Senate).
-An individual cannot initiate it, a state official must bring it forward.
