The governing laws and its legal system in France and the United Kingdom have major differences, as each of the legal systems have and are based on various views. France is governed by the Constitution of 1958. All the French laws are based on this text. In the United Kingdom, the laws are based on the Common law that is called a case law. These views of the law are the reasons for the vital differences between the United Kingdom and the French legal system. Obviously, the list of the varied differences in these countries is elaborate and also too long to draw up an inventory. The legal system of a country is all a pattern and manner of creating, protecting, interpreting, and thereafter application of the law. There are many discrepancies with regard to practical details, which follow the same goal with a wide range. It is obvious that the French judges are laconic in their judgment which is contrary to a British judge's judgment wherein a discussion pattern is followed. In conclusion, the way of the achieving justice is the same. However, the mode of arriving at justice between the two countries is different.
[...] The UK parliament is said to be able to do anything, except change a man in a woman. It implies that the parliament can change everything in the law of UK; the only exception is that it cannot reduce its own power. So the parliament can change the constitutional rules, the convention, or create a new one without any special procedure, as it was an ordinary law. Indeed there is no written Constitution, there is no constitutional court. As constitutional law derives from case law or judicial decisions, they were made in disputes before the ordinary courts. [...]
[...] There are two distinct systems, a judiciary system, and an administrative system. On the administrative system, there is two ‘administrative tribunals' type. The ordinary one and the special one. The special tribunals are competent in specific area, as the ‘cour des comptes' in charge of checking the administration's finance, or the jurisdiction for doctor, or lawyer. Then there is the ordinary ‘administrative tribunals'. The first one is the ‘tribunal administratif', there is a possibilitie to appeal in front of the ‘Cour administrative d'appel', and in last appeal, in front of the ‘Conseil d'Etat'. [...]
[...] Unlike in France, there is a separate system of administrative courts with power to review the acts of public bodies. The principle is one law; it means that the public servants are bringing to the same rules than the privates individual. As there is one jurisdiction, the way to protest against the activities of civil servant, is the same than to protest against private individual. As a rule, the competent judge and the remedies are the same. Actually, some remedies have always been specific to the action against public authorities. [...]
[...] In France, there is a separate system of administrative courts. Why? During the Ancien Régime, the ‘parlement nationaux' were in charge to register the law decided by the King. But, they had a role, to watch, if the new law was or not in accordance with others. What has happened is that when a law where contrary to the interest of the ‘parlement nationaux', they refused to register it. They used of their power to block the legislative process about the reform of the executive power. [...]
[...] It is a bad remembrance. So in February 1641, the edict of ‘Saint Germain-en-Laye' state that the ‘parlement nationaux' are not allowed to judge any litigation about the state, the administration and the government. As the judiciary authorithy is not competent, the administration has been heard itself; it is the ‘administrateur juge'. After the Revolution of 1789, a law of the 16-24 august 1790 stated that the judiciary power can not interfere in the administrative duties. A court order of ‘Conseil Constitutionnel' of the 22 july 1980 stated that the ‘principe fondamentaux des lois de la république' (fundamental rights recognised by the republic law) recognised the independence of the administrative jurisdiction. [...]
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