A COMMON LAWYER LOOKS AT THE DROIT ADMINISTRATIF

Abstract

The main difference between Anglo-American and French views regarding the function of the courts in administrative matters is their interpretations of the doctrine of separation of powers. In the common law world, the struggle of the courts with the executive has led to the supremacy of the former, while in France the struggle has led to the opposite result. The author surveys the history of that struggle and the development of the Council of State, the body that eventually evolved into the supreme administrative court in the French system.