Review Of Law Fact France Notes
This is a sample of our (approximately) 5 page long Review Of Law Fact France notes, which we sell as part of the Comparative Public Law Notes collection, a 70 package written at Oxford in 2016 that contains (approximately) 465 pages of notes across 109 different documents.
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Review Of Law Fact France Revision
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France: Review of Law & Fact Internal legality
Substitute judgment on all internal legality matters
No error of law<>fact dichotomy — review both in the same way
Normal power <> discretionary powers Historical overview
Violation directe de la loi original basis for challenging error of law
Error of law developed
Error of law expanded towards facts o Qualification of facts subject to review by 1914 o Then finally error of fact
Manifest error developed in 1960s Positive law Grounds
Open in all cases — but quite narrow o Violation directe de la loi (breach of the Constitution) o Error of law o Error of fact o Qualification des fait o Détournement de pouvoir (misuse of power)
Further grounds open depending on o If tied power — Review for qualification of facts o If discretionary power — Manifest error / proportionality (of facts or of law) General grounds — narrow & for straightforward cases Violation directe de la loi (Constitutional breach)
Rare — usually breach of Constitutional principle or other very important norm o Protected for symbolic value — and as threat of damages actions
EG 2004 — refusal by PM to implement legislation concerning NHS tariffs —
refusal to implement challenged overturned as violation directe de la loi o Art 21 requires PM to implement all legislation Error of law
Construed narrowly ≈ fundamental error of law
Not misinterpretation of text
EG o Basing decision on legislation that has been repealed or is invalid o Basing decision on incorrect criteria — eg legislation that applies to cars applied to motorbikes o Incorrect legal basis — basing decision on incorrect statute
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