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 lawfact 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EG o Basing decision on legislation that has been repealed or is invalid o Basing decision on incorrect criteria — eg legislation that applies to cars applied to motorbikes o Incorrect legal basis — basing decision on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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