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Dynamics in the French Constitution: Decoding French Republican Ideas

Dynamics in the French Constitution: Decoding French Republican Ideas

Author: David Marrani
Publisher: Routledge
ISBN: 9781138918818

Published In: May 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415683715

List Price: HKD 636.87

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Description
Contents

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In 2008, France celebrated the fifty years of the promulgation of the Fifth Republic Constitution. It was also the year of the largest modification of the Constitution, the so called 'modernisation'. If 2008 was a key moment in French constitutional history, dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the results of the successive amendments of the Constitution. For a long time the social, economical, environmental and historical contexts have influenced the Constitution to the extent they have penetrated not only the text itself but more extensively its spirit, the philosophy and ideas of the Republic in general. However, many tensions within the text have been revealed over the years, showing that the modern edifice is perhaps crumbling.

This book questions the foundations of the Fifth Republic, considering the 'old' and the 'new'. It explores the dynamics and changes that not only occurred during the last fifty years of the Constitution but also the presence of old elements, sometimes archaic ones that create tensions within the constitutional text. The book examines the 'human rights' turn as being central to the foundation of the Republic, both as expressions of the Enlightenment and the Revolution, but also as a motor for French colonisation. The book goes on to look at the reaction of the French Republic towards new regional and global developments such as European integration and the response to environmental challenges, while still remaining anchored in the France's past.

1. Introduction

2. Reflections on Semi-presidentialism: Dynamics and Evolution of the Constitution of the French Fifth Republic

3. The Second Anniversary of the Constitutionalisation of the French Charter for the Environment: Constitutional and Environmental implications

4. Exclusion and human rights: The French case

5. A love-hate relationship: France and European law

6. Principle of indivisibility of the French Republic and the People's Right to Self-Determination: The "New Caledonia Test"

7. The French Language and the Paradigm of Unity

8. Human rights and Environmental Protection: The Pressure of the Charter for the Environment on the French administrative courts

9. Conclusion