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She studied law and French at the University of Birmingham, graduating with a Bachelor of Laws (LLB) degree. [1] [4] She then matriculated into Hertford College, Oxford to undertake postgraduate studies in law, and graduated from the University of Oxford with Bachelor of Civil Law (BCL) and Doctor of Philosophy (DPhil) degrees. [5]
Despite this emphasis, some bodies of law, like French administrative law, were primarily created by the courts (the highest administrative court, the Conseil d'État). [3] Lawyers often look to case law (la jurisprudence) and legal scholarship (la doctrine) for reliable, but non-binding, interpretation and statements of the law. [5]
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.
The structure of the French judiciary is divided into three tiers: Inferior courts of original and general jurisdiction; Intermediate appellate courts which hear cases on appeal from lower courts; Courts of last resort which hear appeals from lower appellate courts on the interpretation of law. There are exceptions to this scheme, as noted below.
The Allarde Decree was a decree adopted by the French National Constituent Assembly on March 2, 1791, and formally enacted on March 17, 1791. Named after Pierre d'Allarde, the decree abolished the rights and privileges of guilds and introduced the principle of freedom of trade and industry in France.
"The legislative work of the French Revolution has been qualified as intermediary law since it formed the transition between the old French law and the new, the law covered by the Napoleonic codes." [1] "The private law of the French Revolution is to-day no longer considered an intermediary law. Yet from a positivist point of view, most of the ...
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Old French law, referred to in French as Ancien Droit, was the law of the Kingdom of France until the French Revolution. In the north of France were the Pays de coutumes ('customary countries'), where customary laws were in force, while in the south were the Pays de droit écrit ('countries of written law'), where Roman law had been paramount.
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