TY - CHAP
T1 - Rule of law in France
AU - Pech, Laurent
PY - 2004
Y1 - 2004
N2 - If the term rule of law was without any equivalent in French legal vocabulary for a long time, this is not because France was not a State governed by law, but because this idea was more often translated by the terms République or Etat. In fact, it was not until the beginning of the twentieth century that a specific term would emerge: Etat de droit, which was actually the literal translation of the German term Rechtsstaat. Since the creation of the Constitutional Council in 1958, France can be fully described as an Etat de droit, where each authority, including the Legislature, acts under the control of a judge who ensures that this authority respects the entirety of the formal and substantive principles of constitutional value. In France and Germany, the concepts of Etat de droit and of Rechtsstaat are, in sum, shorthand for the principle of constitutional supremacy and of the protection of fundamental rights from any public authority, and especially from the Legislature.
AB - If the term rule of law was without any equivalent in French legal vocabulary for a long time, this is not because France was not a State governed by law, but because this idea was more often translated by the terms République or Etat. In fact, it was not until the beginning of the twentieth century that a specific term would emerge: Etat de droit, which was actually the literal translation of the German term Rechtsstaat. Since the creation of the Constitutional Council in 1958, France can be fully described as an Etat de droit, where each authority, including the Legislature, acts under the control of a judge who ensures that this authority respects the entirety of the formal and substantive principles of constitutional value. In France and Germany, the concepts of Etat de droit and of Rechtsstaat are, in sum, shorthand for the principle of constitutional supremacy and of the protection of fundamental rights from any public authority, and especially from the Legislature.
UR - http://www.scopus.com/inward/record.url?scp=85079794910&partnerID=8YFLogxK
M3 - Chapter
AN - SCOPUS:85079794910
SN - 9780415326124
SN - 9780415326131
T3 - Routledge Law in Asia
SP - 79
EP - 112
BT - Asian Discourses of Rule of Law
A2 - Peerenboom, Randall
PB - Routledge Taylor & Francis Group
ER -