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By law , the law (from the Latin meaning is a legal rule supreme, general and impersonal, or ensemble of such rules. source of law , the law is now typically prescribed by Parliament , representative of the people and therefore holds the legislative power , the power to enact laws. Sometimes referred to as a synonym for law legislation although the legislation also includes regulations which also lays down general and impersonal, but the author is the executive branch.
The concept of law is defined in relation to a share contract and the treaty (which result from a negotiation between equals (in terms of law)), secondly in relation to other sources of law: tradition ( customs ), the case law , the fundamental laws ( Constitution , "Great Charter", etc..), and regulations and other written acts of executive power when the law is the work of the legislature , often embodied in a parliament representing the people. In countries that have kept the forms of direct democracy , the law may be passed by all citizens.
Summary |
Overview
The law is included in the set of rules and standards in a given society. The law is often a generic term for all acts, wherever they are in the hierarchy of norms (standards constitutional , statutory or strict formal sense, regulatory ...)
In terms of its form, the law is a legal act taken by a specific authority, usually the Parliament, which is legitimate and has the capacity to command. In countries experiencing a form of separation of powers , the law is a standard legal adopted by the legislature in the forms and procedures prescribed by the constitutional law of the place. Its application can then be specified by an instrument made by the executive branch , such as an implementation decree in France or a Royal Decree in Belgium , and will also further clarified by the interpretation thereof by the courts.
Today, the law is the main source of law in countries of civil law tradition. Even in countries of common law , the law tends to take a particular weight. Even though they now tend to be confused, the notions of law and rule of law remain separate.
The rule of law is a tool available to the lawyer who allows him to work according to the ideal of justice. Any freedom or any right necessarily implies, to train fully, a duty of tolerance and respect , even responsibility.
The law is not necessarily a rule of law, since by definition it is not necessarily created for the purpose of ideal justice The law and the contract The legal system is organized, for all states, according to the theory of hierarchy of norms of Hans Kelsen. The lower standards and must be consistent with what is enacted by the higher standard. Different hierarchical standards are: There is no hierarchy between the laws, but they sometimes contradict themselves and you have to decide which applies. It appeals in these cases the general principles of law: As for the Constitution , we must distinguish two aspects of the law: A law must be made by an authority with the legislature , often called the legislature (even though it is a collective person, as a parliament ). It must also be made by following specific procedures and forms. Lately, it must meet the definition of a law, as defined by the legal system of the country. When legislation is regularly taken in these conditions, only the legislature itself or a higher authority can undo or redo the (rule of thumb of "parallel forms"). When all conditions are not or are no longer together, we can decide (or not ...) it is not a "real" law and that another authority may override or modify. The law enacted by a body, the legislature, which we recognize a particular authority, more or less. It is in this respect two main approaches: Parliament is an organ, important but not dominant, the political field. These two contradictory conceptions of the foundations, but remain consistent in practice, when designing a law that conforms to the highest ideals (Human Rights, the "general principles of law", ...), which expresses how aspect she wants to be treated and which contains provisions for effective practices to get closer. In unitary states , only the State has legislative power and can enact laws. Conversely, in the Federated States there are both federal laws and laws of federated entity. The Constitution generally accurate in this case what skills within the federal government and which belong to entities. The texts of the legislative can have different names depending on whether they are adopted at the federal or state level, as in Belgium where the laws passed at the federal level and decrees in communities or regions have the same level in the hierarchy. Constitutions can also specify the scope of the law and the regulation. The legislative process usually includes three major phases: Between adoption and enforcement or enactment may involve a constitutional review (optional or mandatory depending on the circumstances). This control can also act retroactively on appeal when the law is applied. The laws are generally referred to by their date or purpose (social modernization law, law of separation of church and state). For the sake demagogic or simply mnemonics, laws are sometimes referred to by the name of a promoter, minister or parliamentary (Perben law, Sapin law, law Gouvion Saint-Cyr, Mahoux law, etc..), Sometimes even by their date ( Act 1901), or finally by their rank in the parliamentary session, (Bill 101, Bill C-36). By law, only the exact title are allowed. In a pinch, we can accept the titles truncated or a simple date. The use of a name of minister, the instigator of the law, does not reflect the constitutional text, as the initiative of the law belongs to the Government or Parliament, never to a single minister. It is nevertheless admitted to state as follows: 1995 Law on spatial planning (law called "Chevenement). Bill is a government initiative and must be submitted to the State Council , which has a period of one month before giving an opinion, while a bill is a private member. The resolutions adopted at the regional and community level ( Flemish Region , Walloon Region , Flemish Community , French Community , speaking Community called "decrees" (regional or community) and have the same binding force as law (ordinances of the Brussels region Capital has a slightly separate status). The rules of adoption are the same as for the law, mutatis mutandis. The law was passed by the House of Representatives of Belgium and sometimes by the Belgian Senate. It is usually developed as follows: All laws are not necessarily passed simultaneously by the House and Senate. The phenomenon of shuttle that previously existed (and still exists in France) and that slowed the legislative process has been greatly reduced. For example, the budget and Naturalization (formal laws) are passed by the House alone, the budget vote is the ultimate symbol of legislative control over the executive. But the revision of the Constitution and consent to treaties must still be passed by both Houses. In addition, 15 senators (or more) may require that a proposal or a bill is passed by Senate: in this case, the same text must be passed by both chambers. In addition, certain laws must be passed to special majorities. Constitutional review non-mandatory, section 61 paragraph 2. They aim to establish a policy or economic or social. These laws are adopted pursuant to the Constitution (the Constitution directs that steps be taken by law). Constitutional review mandatory. They set the rules for the organization of government and are subject to a specific procedure laid down in Articles 46 and 61 of the Constitution. A bill is a government initiative. It must be submitted to the State Council , which has a period of one month before rendering an advisory opinion. A bill is a private member (less than 10% of laws passed), since the constitutional reform of 23 July 2008 and may optionally be transmitted to the State Council for review. The journey of a project or a bill begins in the Office of one of two meetings to decide what day he or she will be debated by this Assembly. The agenda itself is determined by the Government ( rationalized parliamentarism ). Then it is given to one of eight committees that make reports and proposals on the text. With the constitutional law of 23 July 2008 , Parliament should now set its own agenda, however, with the possibility for the government to give priority to certain texts. During his parliamentary discussion, the text can be modified by amendments tabled by the parliamentary assemblies of each. The text thus makes the "shuttle" between the two assemblies to reach agreement on the substance and form of legislation. The National Assembly has the last word in the absence of consensus (after a meeting of a joint commission composed of seven senators and the same number of members) or if the government wants (except in matters affecting the organization the Senate ). When the text is finally adopted, the President of the Republic has fifteen days to enact. If deemed necessary, the President of the Republic may request the Constitutional Council's opinion on the constitutionality of the law before its promulgation. The promulgation of the law authenticates and makes enforceable. It is then published in the Official Gazette of the French Republic (Edition Laws and decrees). A referendum law is a law enacted after a referendum, which is an example of direct democracy When we talk of referendum legislation, it speaks to those taken by the procedure of Article 11. This is a shared power between the President and the Prime Minister, that is to say that the signature of both is required. Under Article 11, the referendum shall be only on "the organization of government, reforms relating to economic policy, social or environmental nation and public services contributing thereto, or tending to authorization to ratify a treaty which, without being unconstitutional, would affect the functioning of institutions. " But since the Constitution Act of 2008, the initiative of the referendum may also result from a minority of MPs since the third paragraph of Article 11 provides: "A referendum on the first paragraph Control of the constitutionality of the law The constitutional review of laws in France is a priori (before its entry into force) and following the constitutional revision of 23 July 2008, a subsequent verification is possible. This control is performed by a specialized body: the Constitutional Council. The Constitutional Council rules on the constitutionality of the law before it, concerning the challenged provisions, but also about anything it considers to raise office. The opinion makes it binding on all authorities: the President of the Republic, who will not enact a law unconstitutional, the government and the courts, which must take into account the reservations of compliance set by the board in their implementing acts (decrees, circulars) and decisions. However, are not subject to the laws that control where the Constitutional Council was seized, either by the President of the Republic or the Prime Minister or by one of two Presidents of the Houses of Parliament or by seventy deputies or senators. If the board has not been entered, the constitutional review is not a priori, and do not be after. This is particularly the case with all laws predating the creation of the council by the Constitution of the Fifth Republic, dated October 4, 1958. In this case, a law may be unconstitutional in effect. This is the theory of law-screen. Unconstitutional legal provisions apply even if the result of actions (administrative or judicial) themselves unconstitutional: it is said that the law "a screen" between the act and the Constitution. In practice, it is rare for several reasons. The constitution rule especially the organization of the state, a matter which is fairly subject to constitutional challenge, the organic laws which specify the details of this have often been subjected to constitutional review. The constitution also contains some broad principles in its preamble, but they are fairly shared and old enough so that it is rare that laws, even old ones, are in contradiction with them. Moreover, international treaties can take these principles and, while judges may not refer to the constitution, they can ensure the conformity of an act to a treaty. Finally, a legal provision may have given different interpretations practices, and wherever possible we must give an interpretation consistent with the constitution. French law is in crisis according to many lawyers , including in particular the President of the Constitutional Council : Pierre Mazeaud , it expresses its wishes for the year 2005 . The main ailments afflicting the law are: These legislative inflation rampant that we know today. This is probably the worst of all evils. Parliament passed many laws for reasons many and varied. The problem is that the members here are not all lawyers. Are too often adopted measures poorly written, incomprehensible or unworkable. Policies seeking to register their names in the marble of the law, they rush to pass a. Then we see that the law was poorly written. It remains only to throw it (in most cases it remains unimplemented). It is a strong trend. It is the desire to legislate whenever an issue arises, even before the causes of the problem are known. Once past the emotion, if the law was passed, we often find, again, that decision in an emergency, it was poorly written. Also called neutron legislation. " It is a law without mandatory content, which will therefore have no practical effect. Problems related to laws and disposable emotional. These are laws designed to protect companies by keeping them from competition or the inevitable evolution of science and technology. This is the case law DADVSI and HADOPI that can be likened to the famous Act Locomotive English. The law differs from the law (law) since it emanates from Parliament (statute law). Although it was found in 1610 that the judge was not to enforce a law contrary to reason , it is now accepted that "the opposite of American legislator whose laws are subject to constitutional review, the British parliament sees recognize its sovereignty limited by any provision / Sup> ". "From the standpoint of constitutional law, what would be prescribed by the parliament will have the force of law Quotes Adage (not legal) that does not mean that one must know all the laws, but that one can not plead ignorance of the law to evade the law. Consular executive power (potestas) is orders of authority (auctoritas) Senate authors of the laws. Thus, the executive president is guided and bounded by the joint legislative authority of Congress and the Senate of the United States of America. The Romans had a saying: Dura lex sed lex (The law is hard but it's the law) The law should apply, if we find it too hard (or, more generally, inappropriate), it should change rather than evade it. Russian version of a proverb with its equivalent almost everywhere Roman adage Martin Luther King Act Bertrand Mathieu. Edition: Dalloz (2nd edition) The Act of Jean-Claude Becane Michel Couderc, Jean-Louis Herin.Editions Dalloz.2010. (2 nd edition) 
Rule Form
Power law
Scope of legislation
Legislative Process
Name
Depending on the country
In Belgium
France
Types of law
Common Laws
Organic Laws
Other cases
The Initiative
Adoption
Parliamentary Acts
Referendum Laws
With the referendum , the parliament is no longer the only national representation. The National expressed willingness to face the parliament by a direct link between the people and the executive. Some think it is a plebiscite where distrust of a referendum. The referendum is still framed by the Constitutional Council in terms of section 60 of the Constitution. There are several types of referendums: Article 89 (for revisions), Article 11 (for the organization of power), the Article 53 al. 3 (for the territorial integrity) and Article 88-5 (for accession to the EU). Crisis of Law in France
United Kingdom
See also
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