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Review Of Law Fact France Notes

BCL Law Notes > Comparative Public Law Notes

This is an extract of our Review Of Law Fact France document, which we sell as part of our Comparative Public Law Notes collection written by the top tier of Oxford students.

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 EG o Basing decision on legislation that has been repealed or is invalid o Basing decision on incorrect criteria --- eg legislation that applies to cars applied to motorbikes o Incorrect legal basis --- basing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