Abstract
The order of contentious procedure in use before the Royal Council was determined by the rules which d'Aguesseau set in 1738. These rules contain many principles familiar to the practitioner of modern contentious business : the independence of administrative contentious matters, the institution of action on justified petition, the sifting of claims, the conducting of investigations in writing and inquisitional form, the sorting of cases according to importance, the twofold inquiry by a court reporter and a collegiale body before trial, the careful description of the decision by the reporter, and enforcement supported by a Council-related authority. On the contrary, such essential features as public hearings, oral proceedings, and the justification of rulings are not yet found, and will appear only as a result of later reforms, revolutionary, imperial, or liberal.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.