Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rule making, adjudication, and the enforcement of laws. Administrative law is considered a branch of public law.
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
In France, the Conseil d'État is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council, it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France.
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
French law has a dual jurisdictional system comprising private law, also known as judicial law, and public law.
The Council of State is the Supreme Administrative Court of Greece.
Council of State, is the supreme administrative court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are high level jurists.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.
The Conseil du Roi, also known as the Royal Council, is a general term for the administrative and governmental apparatus around the King of France during the Ancien Régime designed to prepare his decisions and to advise him. It should not be confused with the role and title of a "Conseil du Roi", a type of public prosecutor in the French legal system at the same period.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The Court of Cassation is the main court of last resort in the Democratic Republic of the Congo. It has its seat in the Kinshasa Palace of Justice.
The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
In French law, the ministère public or le parquet is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to magistrats du siège. Its closest equivalent in some English-speaking countries is the director of public prosecutions and the attorney general in others.
The Judiciary of Cambodia is independent from the rest of the government of Cambodia, as specified by the Cambodian Constitution. The judiciary follows civil law tradition, the instruction being entrusted to a judge and the prosecutors contenting themselves with requesting the application of the law.
Administrative police in France are French police tasked with preventing disturbances to the ordre public. and ensuring the public peace and preventing crime. Ordre public or public peace in a society includes public tranquility, safety and well-being. Two types of ordre public exist:
Jurisdictional dualism in France is the separation of the French court system into two separate divisions, or "ordres", as they are called in French: the ordinary courts, and the administrative courts. The ordinary courts, also known as the judiciary order, handle criminal and civil cases, while the administrative courts handle disputes between individuals and the government. This dual system allows for a clear separation of powers and specialized handling of cases related to the actions of the government.The administrative courts are headed by the Council of State, and the ordinary courts by the Court of Cassation for judiciary law.
In French law, judges cannot create legal norms, because of the principle known as "la prohibition des arrêts de règlement" of Article 5 of the French civil code: "Judges are forbidden from pronouncing in a generally dispositive and regulatory fashion on the matters submitted to them." They can only put into evidence and interpret existing norms. This general principle underlies the state of existing law, which is merely uncovered by the judge.
