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Livre Jubilaire du Conseil D'Etat1

Published online by Cambridge University Press:  16 January 2009

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Extract

This imposing quarto volume is offered to the public as a permanent memorial of the 150th anniversary of the Conseil d'Etat. It is a remarkable book, not unworthy of the very remarkable institution which it seeks to portray.

Although the Conseil, as the Conseil du Roi, goes back a very long way in French history, it suffered an interruption at the French Revolution. The interruption proved indeed to be a minor one, lasting nine years only. Nevertheless, the Conseil was in some sense reformed by Napoleon under the Constitution du 22 Frimaire; and as the Conseil d'Etat it met for the first time on Christmas Day 1799 (a day then disguised as 4 Nivose An VIII) under conditions of no small informality. It is its first meeting under Napoleon which has been selected as the new terminus a quo of an institution in reality a great deal older.

The book consists of some 50 articles (of very unequal length, one of them being an extensive monograph) and is divided into two parts. The second, shorter, part (though of over 200 pages) consists of contributions by persons who are not French and is concerned mainly with the influence of the Conseil d'Etat outside France, though it also includes articles on administrative questions in the United Kingdom (by Prof. W. A. Robson) in the United States, and in Canada (by the Chief Justice of Canada). It is proposed in this review wholly to neglect this part, however great its interest, principally because the English reader will find greater profit in the account given of the functioning in France of the authentic, the French, Conseil d'Etat: which may fairly be called the creator of the only system of administrative law properly meriting that title.

Type
Research Article
Copyright
Copyright © Cambridge Law Journal and Contributors 1953

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Footnotes

1

L'aris, Receuil Sirey, 1952; 693 pp. in quarto; 3250 frs.

References

2 Attention should, however, be called to the article by MM. Vauthier and Moureau, members of the Belgian Conseil d'Etat, concerning the recent reception in Belgium of an institution foreign to that country. The mode of this reception is particularly instructive for an English reader.

3 The reader is reminded that the Vice-President is effectively the chairman or director of the Conseil d'Etat during his period of office, the titular President being the Garde des Sceaux who presides on purely ceremonious occasions.

4 The Assemblée Générale of the Conseil d'Etat must not be confused with the Assemblée Plenière of the Section du Contentieux.

5 See a most interesting article by H. W. R. Wade [1951] 67 L.Q.R. 103.