Droit Administratif
Author(s): Achille Mestre
Source: The Cambridge Law Journal, Vol. 3, No. 3 (1929), pp. 355-364
Published by: Cambridge University Press on behalf of Editorial Committee of the
Cambridge Law Journal
Stable URL: http://www.jstor.org/stable/4515377
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( 855 )
THE
I-No.
3.
1929
DROIT ADMINISTRATIF.1
ACHILLE MESTRE.
for such a long, time has had good reason to say that there is
no administrative law in England, and the judicial practice
1 The summary of a lecture on ' Unc vue d'ensemble sur le droit admj
tratif franqais ' delivered to the University of Cambridge on October 26,
C.L.J.
24
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France, too, palp )able hostility has arisen in the namiie of the
colimmon law against an autonomnous system which has borrowed
from the civil law nieither its methods nor its texts. It has
been decried as arbitrary. And indeed the danger with us
would stifle all libertY unider its shadow. Experience has shownI
hiow empty these feairs were. ro-day droit admninistratif has no
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If the State and its deputies are thus released from the compulsory intervention of a judge, it is because of a notable
;privilege which presumes it to be invariably right. Of course
its infallibility is not absolute and is capable of being negatived
by proof to the contrary; but any one who opposes an official
is always compelled to assume the invidious and difficult position
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for filling hig,h positions and -who have beeni clothed with
peculiar authoritv, there will always grow up witlh the realization of their joint responsibility for the public welfare what
is commonly knowni as esprit de corps. In matters of juris-
pletely severed from the ordinary tribunals (which are all under
the control of the Cour de Caissation) aind formns a (listinct
svstem of judicature answerable only to the Consecii d'Etat.
This was set up as a supremne Court and has worked without
interruption for more than a century. It has thus buiilt up,
sible to fix the date of the birth of our civil lawv, it is quiite
easy to allot the founidation of droit administratif to the period
following the outbreak of the French Revolution (1189) and
the re-establishment of order bv Bonaparte in the vear VIII.
It is entirely implicated with the revolutionary reaction
against the abuse of judicial power during the eighteenth
century. The old customary constitution of France ha(l recognized the right of Parliaments to control the exercise of royal
legislative power by laving down. the rule that royal edicts
would apply within their sphere onlv if they had been registered
by them. In this way they could raise protests against the royal
power which the king could override onlv by the process known
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prestige in imbuiino, all administrators with respect for fundamnental leg,al principles. In fact, the Conseil welcomes the
claims -which, within the allotted two moiiths following the
publication or notification of the impeached order, are brought
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more modest wish has been to inivite you to a brief legal study
of a praetorian system born by force of circumstances when
codification was at its zenith.
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