2004 Fiscal Year Final Research Report Summary
Enregistrement and "publication" of royal legislation by inferior courts in France of Ancien Regime
| Project/Area Number |
15530006
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Niigata University |
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Principal Investigator |
MATSUMOTO Emi Niigata University, Graduate School of Law, Associate Professor, 大学院・実務法学研究科, 助教授 (50303102)
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| Project Period (FY) |
2003 – 2004
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| Keywords | enregistrement / France / Ancien Regime / inferior court / Code civil / publication / public / promulgation |
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| Research Abstract |
This study makes dear that not only the Parlements but inferior tribunals also register and publicate royal acts. Firstly, concrete cases of such "enregistrement" were sought and collected by examining institutional history of different jurisdictions. Contemporary understanding of inferior courts' publication was also shown in the documents of preparatory works for the Code civil (especially about its article 1). Secondly, the analysis of collected cases shows that inferior courts could register the royal letters in a different-and sometimes opposite-way from what the Parlement, their superior, had done. The procedure of the "enregistrement" and "publication" was pursued as a litigation, with two sides opposing to each other their diffent and contradictory intersts, the public prosecutor representing the "public interest". The decision of whether or not, and how, the registration should be done was given through examining the interests of the region, much more precise and concrete than those of the Parlement level. As for the edicts establishing a new tribunal, the registration was demanded in the midst of the conflict of courts occurred between this new jurisdiction and the old others. Such registration demanded in function of necessity, and thus not systematically, we finally conclude that the effect of the royal legislation varies according to time and place. Royal letters were far from being generally and simultaneously valid. Seen from a given Parlement, its registration had double limit : externally, it was confined into its own territory ("ressort") facing the other Parlements, and internally, it was limited by the decision of inferior courts. This interaction, and collaboration of the royal power and the judicial machine, as well as inside the judiciary, was the key to the effective function of the royal law (Ioi du Roi), based on the recognition of the norm through judicial procedure.
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