American Influence
Which was adopted first: the US Constitution or the French Constitution?
US Constitution?
How many constitutions has France have
15
What was the purpose of the French Declaration of the Rights of Man and of Citizen as opposed to the US Constitution?
The French Declaration is a universal manifesto appealing to all of mankind. The US Constitution is extremely specific.
Who created the concept of Absolute Representation
Carre de Malberg
When was the latest French constitution enacted
1958
Why were the French fascinated with the American Revolution?
It was proof that old regimes must die
What are the two pillars of the French constitution?
The president and the parliamentary system
Why is the definition of state more complicated in the US?
In America, the state definition is complicated due to federalism (the need for two levels of public authority), whereas in France, the state is viewed as a singular, corporate body.
Who created the concept of "the paradox of self-government"?
Rousseau
What makes France special in regards to the president and power?
In France, the president holds the more power than any other parliamentary system
Which American state constitution was viewed highly in France? Why?
The Pennsylvania Constitution because it was viewed as an ideal democratic system
Around when did the French constitutional courts start protecting human rights?
1970s
Why couldn't the US draftsmen be influenced by the French Declaration of the Rights of Man and of Citizen?
The US final amendments draft was submitted between August 24-25, 1789 and the French Declaration was adopted August 27, 1789
Who suggested creating the fifth republic through a new constitution?
De Gaulle
The general theory of the state stemmed from what country?
Germany
Who did Lafayette consult on the original draft of the French Declaration of the Rights of Man and of Citizen?
Hamilton, Franklin, and Pain - three influential American figures
Define the concept of Absolute Representation by Carre de Malberg
Extra points if you can explain the paradox!!!
One governmental group that controlled most of the government: Elected assemblies that enacted constitutions and legislated and also some times held executive power.
Paradox: The people had political and legal sovereignty which was insisted heavily in constitutional law, but power is mainly in the hands of representatives.
What are three main differences between the French Declaration of the Rights of Man and of Citizen and the Virginia Bill of Rights?
1. Equality: emphasized more in the French Declaration
2. Popular Sovereignty: The French Declaration was more populist
3. Religion: The French Declaration does not bring up religion or religious freedom
Explain Franklin and his relationship with France
He was a French speaker and diplomat who went to France and spread American constitutional texts throughout Paris.
Explain legicentrism
Idea that parliamentary statutes are not to be questioned by court in the hopes of promoting and maintaining human rights and equality
What were the three main American contributions to the French Declaration of the Rights of Man and of Citizen?
1. Idea of the Bill of Rights
2. A constitution as a single, superior power
3. Amendment of constitution only through special conventions
Explain the idea of the Sceptical Doctrine
Constitutions have no inherent material content, only formal framework. Idea created by constitutional scholars
In the theory of the constitution - in the second reading - how did the French Constitutional Council differ from other constitutional councils?
In France, constitutional rulings don't come with reasonings for the rulings other than implied reasonings and are based on unanimous rulings not opinions. In the US, lengthy opinions are written to explain the legal reasonings
Charles de Gaulle's ideas used in the 1958 constitution are compared to what political regime?
Presidential monarchy
Explain Bloc de Constitutionnalité
Doctrine that defines what is constitutional law. It sets the norms that the constitutional council uses to review