<ul>
 <li>Articles 4 and 5: no judge can refuse a judgement.</li>
 <li>Interpretation: the declaration of rights and the constitution help the judges in applying the Code.</li>
 <li>The judge cannot « bend » the law: he can just apply it.</li>
 <li>The judge must not extend the meaning of the law by analogy: if a case is not clearly foreseen in the Code he must ask directly to the legislator (the National Assembly).</li>
 <li>A judge is like a robot: just the mouth of the law.</li>
</ul>

Articles 4 and 5: no judge can refuse a judgement. Interpretation: the declaration of rights and the constitution help the judges in applying the Code. The judge cannot « bend » the law: he can just apply it. The judge must not extend the meaning of the law by analogy: if a case is not clearly foreseen in the Code he must ask directly to the legislator (the National Assembly). A judge is like a robot: just the mouth of the law.

LH0840: Mouth of the Law (bouche de la loi)

A series of academic podcasts for students. Feel free to write to emanueleconte@gmail.com for slides and more additional material

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LH0840: Mouth of the Law (bouche de la loi)

LH0840: Mouth of the Law (bouche de la loi)