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Napoleonic Law


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As first consul of France in 1799, Napoleon Bonaparte (1769–1821) drew up a new constitution to provide a viable governmental machine, with an administration independent from the legislature and the judiciary. This resulted in the express exclusion of the civil courts from adjudicating administrative decisions of the administration, in favour of Droit Administratif (administrative law). French Droit Administratif became a model which was followed in other countries. Droit Administratif is regulated by the Conseil d'État which is also a product of Napoleon's influence. The Conseil d'État comprises the bulk of the elite of French administrators, organized into four administrative structures which comprise its administrative functions. The judicial function of the Conseil d'État is separate and known as the Section du Contentrieux, which exercises the functions of judicial review over administrative decisions. Napoleonic Law remains the foundation stone of the French legal system.

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Subjects: Politics — Law.


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