Recalling Tocqueville's exhortation for the French to "look to
America" for a better understanding of their own government, John
Rohr returns the favor by revealing how much we can learn about
American constitutionalism from a close study of French governance.
The French and American republics both emerged from the same
revolutionary era and share a common commitment to separation of
powers, rule of law, and republicanism. Even so, the two
constitutional traditions are quite different. France, after all,
has replaced its constitution at least thirteen times since 1789,
while the American constitution has endured essentially intact.
Yet, as Rohr shows, French constitutionalism merits our careful
attention.
Focusing upon the founding of the French Fifth Republic and the
drafting of its constitution, Rohr compares the nations' divergent
approaches to executive, legislative, and judicial power;
independent administrative authority and discretion; and the
relation of administrative law to statutory law. His analysis of
France's divided versus our unified executive, the two presidents'
exceptional powers, and their influence on the legislative process
provides particularly fresh insights into how the two
constitutional traditions promote and inhibit the capacity for
administrative action.
Rohr shows that French administrative institutions are much more
thoroughly developed than their American counterparts due to
recurrent presidential and constitutional crises. Without such a
strong public administration, daily life in France would likely be
extremely unstable if not quite chaotic. The proper role of the
French institutions, he suggests, is largely determined by their
relationship to elected officials whereas their American
counterparts are essentially shaped by the constitutional
order.
A model for future comparative work in constitutional law and
public administration, Rohr's study should help us see that the
constitutional path we've pursued wasn't the only possibility--and
why we've chosen that route nevertheless. As such, it should have
great appeal for students, teachers, and practitioners in U.S. and
French law, politics, and public administration.
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