European Journal of Law Reform

Article

French Constitution, Droit Administratif and the Civil Code

Keywords Droit Administratif, Civil Code, Conseil d’État, public order
Authors Zia Akhtar
Author's information

316030 Zia Akhtar
LLB (Lon), LLM (Lon), Gray’s Inn, PhD candidate (Sussex). Zia Akhtar is a leading writer on judicial review, regulatory law and EU law. He undertakes research in the comparative law between the common law and the civil law countries.
  • Abstract

      Droit Administratif in France is a separate branch of law that exists in parallel to the civil and criminal law. The law has been developed from the concept of separation of powers that is ingrained in the French constitution. Its concepts derive from the Code civil that is implemented in France since its inception in the Napoleonic era and this has undergone reform that has made the role of the judges more interventionist. The highest administrative court is the Conseil d’État, which is at the apex of the machinery of administrative courts that are an important part of public law’s discourse and there is a hierarchy of courts that consider appeals and regulate the norms of conduct of state officials towards the citizens. The judges receive induction and training before taking on the role of occupation and that has been inculcated in the French administrative court judges. This article looks at the separate system of administrative law and its success in preserving the necessary checks and balances in the constitution, which it is intended to protect. This is an examination of the developing concept of French justice, the doctrine of separation of powers and civil procedural changes that enable the grievance of citizens against officials to be heard more expeditiously.

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