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French Constitutional Law

Module description

In the context of the harmonization of the Member States' legal orders within the European Union (EU), and the UK’s complex relationship with the EU, it is increasingly important for lawyers to understand and apply systems of law belonging to the main constitutional legal traditions. In that respect, the academic study of the French constitutional experience is crucial.

The French Constitutional Law module constitutes the first part of French Law of the LLB (Hons) English Law and French Law/Master 1 (Maîtrise en Droit) degree programme. You will be taught entirely in French, in a manner that reflects the way law is taught in France. You will be introduced to French methods of university education and methods of legal thinking and writing.

This introduction to French methods (dissertation juridique, level 1) is essential for this degree programme, in order for you to be prepared to acquire simultaneous English and French legal qualifications. This module is designed to provide you with a sound knowledge of French Constitutional Law and related theory, with a strong emphasis on the Constitution of the Third and the Fifth Republics. An important part of the module is dedicated to French legal methodology and assessment techniques in order to prepare you for your year abroad and the study leading to the French Master 1.

This module is for LLB (Hons) English Law and French Law/Master 1 (Maîtrise en Droit) students only.

Module aims - intentions of the module

This French Constitutional Law module is intended to provide you with a detailed knowledge of topical French Constitutional features and questions, especially the Constitutions of the Third and the Fifth Republics. A key aim of the module is to give you the opportunity to acquire the necessary ways of thinking and communicating accurately about a foreign legal system – in this instance, the French legal system. The module aims to enable you to acquire a confident grasp of the principles of the French constitutional regimes and political systems so that you develop the ability to express yourself on French legal and political issues, to analyse them critically and to apply the law skilfully. In addition, the module aims to give you a solid grounding in French legal methodology and assessment techniques. This induction to French methods of legal thinking and writing (dissertation juridique level 1) is essential to prepare you for your year abroad and the study leading to the French Master 1.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. Demonstrate accurate knowledge of French Constitutional Law, using appropriate interpretative techniques and terminology;
• 2. Identify and analyse (with guidance) the general concepts and principles of French Constitutional Law, together with related theories, academic commentary and contextual matters;
• 3. Research a legal question and demonstrate competence in applying French Constitutional Law in order to formulate and evaluate a response to it;
• 4. Express yourself comfortably in French on legal and political issues relating to the module, and in particular write a French law essay correctly using French legal methodology (la dissertation juridique).

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 5. Demonstrate knowledge and understanding of a range of legal rules, concepts, values and principles, and the ability to explain and discuss the relationships among them;
• 6. Incorporate comparative elements into your work and, by doing so, be able to relate your English legal and political experience to your knowledge of the specificity of the French constitutional regimes and political systems;
• 7. Make an informed judgement about the merits and relevance of particular French legal material and information, make reasoned choices between alternative solutions or arguments and to present them according to French methodological standards and assessment techniques.

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 8. Have a clear understanding and a practical knowledge of French legal vocabulary and the proficiency to take well-structured and reliable study notes in French;
• 9. Demonstrate ability to take responsibility for your own learning (with support), and to work effectively with others within a group;
• 10. Demonstrate ability to identify, retrieve and use efficiently a range of resources with some guidance;
• 11. Demonstrate ability to manage time efficiently in preparing for learning activities, and to work independently within a limited time frame to complete a specified task.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

General Introduction: Definition of the concepts of State and Constitution; French Constitutional history and the French concept of Republic

The Third Republic;
Foundation
The Executive Power (President of the Republic, Government)
The Legislative Power (Parliament)
The Political System (Système d’Assemblée)

The Fifth Republic;
Foundation
The Executive Power (President of the Republic, Government)
The Legislative Power (Parliament)
The Political Systems (Présidentialisme et Cohabitation);
The Rule of Law (hierarchy of norms and control of constitutionality, the Constitutional Council). 

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• La Constitution du 4 Octobre 1958, Documents d‘études, La Documentation Francaise, Latest edition
• S.-L. FORMERY, La Constitution Commentée Article par Article, PARIS, Hachette
• Ph. ARDANT, B. MATHIEU, Institutions Politiques & Droit Constitutionnel, PARIS, L.G.D.J.
• L. FAVOREU, P. GAIA, R. GHEVONTIAN, J.-L. MESTRE, O. PFERSMANN, A. ROUX, G. SCOFFONI, Droit Constitutionnel, PARIS, Dalloz.(Editions are published every year)

Indicative learning resources - Web based and electronic resources

• Legifrance; official websites of the main French political institutions; further guidance will be provided in lectures.
• ELE –  https://vle.exeter.ac.uk/course/view.php?id=9901

Indicative learning resources - Other resources

Folders on topical subjects or institutions related to the module are regularly distributed at the beginning of each term as the work involved in the LLB (Hons) English Law and French Law/Master 1 (Maîtrise en Droit) degree programme is heavily research based. 

Key words search

State, Constitution, French law, executive power, legislative power, constitutional justice.