French jurisprudence cannot modify legis lation, but in numerous cases it can often make it more elastic and adapt it to modern condi tions without violating legal texts.
Judicial In France the common tribunal is the District Court which decides civil litigation. Under the name of °Correctional Tribunal" it applies the penal code. Below these courts there exists in each a justice of the peace who alone de cides in first or second instance cases of an unimportant character. If appeal is brought against his decision it is heard before the Dis trict Court whose decision is final. The justice of the fulfilling the role of a simple police court, is empowered to deal with minor offenses, inflicting fines, etc. The Appeal courts (in principle covering several districts) deal with appeals judged in first instance only by district courts. There cannot be two suc cessive appeals, the aim of the legislator being to do away with exaggerated delay necessitating extremely heavy costs.
Besides the civil tribunals and appeal courts there is the Public Ministry whose duty it is to watch over the interest of the public. These magistrates, unlike the regular sitting judges and counselors, are liable to dismissal, the judge or counselor alone being independent of execu tive power in order to respect the principle of separation of powers.
The highest degree in the judicial organiza tion is the Cour de Cassation which, as we have seen, unifies jurisprudence to a certain extent. Its members show great impartiality and are thoroughly versed in law.
In France, as in several other countries, commercial causes are not always brought be fore the civil courts but are decided by special tribunals, commercial tribunals, a precedent of which is to be found under the Monarchy period. These tribunals are composed of mer chants elected by their fellows. The election system which also exists for the nomination of workmen and masters to the "Conseils de Prud' hommes" (Trade Councils) whose task it is to settle controversies between employers and em ployees, is not followed for civil magistrates who are appointed by the President of the Re public.
Trade councils and commercial tribunals only exist in the large commercial and indus trial centres; in other districts they are replaced respectively by justices of the peace and dis trict courts.
Matters of an administrative nature are also decided by special courts, "Conseil de Prefec ture' and 4( Con s eil which fulfil roles of first instance, appeal and cassation courts.
The penal law is applied, as we have seen by a judge of simple police (minor offenses; and the Correctional Tribunal (delinquencies so called). More serious affairs (crime) are
dealt with by the Assize Court, composed of magistrates and a jury of 12, the nomination of the latter being a fairly complicated operation.
Legislative Power, Laws and Decrees.— In conclusion we will devote a few lines to the organization of the legislative power in France as it exists to-day. Two kinds of law exist: constitutional laws, voted by the two Chambers sitting conjointly in National Assembly, and ordinary laws voted by the Chambre des De putes and ratified by the Senat.
Initiative for laws belongs to the President of the Republic and members of the Chambre des Deputes and Senat.
Laws regularly voted are only enforced once they have been duly promulgated and published by executive officials who are responsible for their application.
The decrees of the President of the Repub lic are often criticized as being practically the same as laws. This, however, is not the case, as the laws alone are the law, whereas a decree defines the details for the application of the law; furthermore a French law is always pre sumed to be constitutional, and this presumption is incumbent on the judicial authorities •, being the contrary of American law, according to which the courts can refuse to take into con sideration an unconstitutional decree.
Bibliography'— Bertauld,
l'etude des sources du droit Francais'; Bris saud, 'An History of French Private Law' (The Continental Legal History Series, Boston 1912) ; Brissaud,
History of French Public Law (mime collection 1915) ; Dareste,