Добірка наукової літератури з теми "The French Constitution of October 4. 1958"

Countries incorporate the principle of the separation of powers, including judicial independence, into their constitutions in an effort to meet several goals, the most important of which is to minimise government-induced tyranny. Specifically, countries that make this principle part of their constitutional practice intend to limit public servants by national laws and institutions, enhance government accountability, minimise opportunistic behaviors by civil servants and politicians, provide for checks and balances, and generally improve government efficiency. Cameroon, part of which was colonised by France, has a constitution that is modeled closely on the French Constitution of 4 October 1958. As a consequence, the country has adopted France’s hybrid system of the separation of powers. Using French constitutional practice as a model, this paper examines constitutional developments in Cameroon to determine why the country’s governing process, which is based on the Constitution of the Fifth Republic, has failed to guarantee constitutional justice.

The paper discusses the grounds required for the dissolution of the parliament in the political practice of the French Fifth Republic. The Constitution of October 4, 1958 adopted a model of strengthened political power of the head of state, granting them instruments of executive influence on the functioning of other state organs. Paragraph 12 of the Constitution gives the President practically unlimited power to dissolve the National Assembly – the lower chamber of French parliament. The conditions for applying this paragraph are not stipulated in the legal regulations. It is not necessary for the President to respond to a motion of another body, or even to obtain a countersignature. These constitutional factors have led to various political practices. The author of the paper puts forward the thesis that giving freedom to the head of state as regards the application of paragraph 12 on the one hand provides the necessary foundations to exercise a power model with a considerable degree of decisiveness, but on the other may lead to a situation where the dissolution of the National Assembly no longer has a power function in its conventional sense, but serves the purpose of providing the head of state with an instrument for considerably strengthening his own political position. Since the present Constitution of the Fifth Republic has been in force, the National Assembly has been dissolved five times. The author identifies three basic grounds for applying paragraph 12: to defuse a political or social conflict (1962 and 1968), to restore a politically homogenous executive power (1981 and 1988), and to maintain a given political configuration (1997). Since the 1980s the dissolution of parliament has become a tool for the president to avoid cohabitation and, by this token, to provide a political system where the role of the leader of the executive is in the hands of the head of state. On account of the defeat of the formation supporting the president in 1997 this strategy failed to produce the expected outcome. The dissolution of the National Assembly has not taken place since. In 2000, the length of the mandate of the head of state was shortened to five years, which makes it more likely for parliamentary elections to occur directly after presidential elections. This may for a long time to come eliminate the main grounds for the dissolution of the lower chamber, which in the 1980s and 1990s stemmed from the desire to ensure a political system favorable for the head of state. This reason alone may mean that the significance of paragraph 12 in the political practice of the Fifth Republic will continue to be limited.

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas

The origin of the initial African constitutions is easy to establish. While the former British territories “received” their Westminster-type constitutions negotiated during the Lancaster House conferences, the former French territories, except Guinea, became independent under constitutions drawing heavily upon the constitution of the Fifth French Republic, of which they were virtual copies. Among the countries formerly under Belgian rule, the Congo (Zaïre) was the only one attaining independence with a constitution, theLoi fondamentaleof 1960 which was an Act of the Belgian Parliament.Therefore, initially the degree of homogeneity was fairly large; there were basically three types of constitutions and the deviation from these models was limited. Admittedly subject to adaptations all the Westminster constitutions were similar, and in fact to some extent they still are; thus in its essential features the 1980 constitution of Zimbabwe draws from the same stock as its predecessors of the early 1960s. The first constitutions of the former French territories were, likewise, very similar, inspired as they were by the French constitution of 1958. TheLoi fondamentaleof the Congo was strongly influenced by the Belgian constitution, and so was the autochthonous constitution of Burundi which was promulgated a few months after independence in 1962.Many constitutions have since succeeded these initial texts: between 1960 and 1985 there have been 43 constitutions in the 18 French-speaking countries under consideration, i.e. an average of 2·4 constitutions per country. This flow has led to a considerable diversification of constitutional types.

When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but – contrary to these French laws – the Belgian decree-law was not based on a formal constitutional stipulation. This decree-law, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of ‘law’ of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest.

The article reveals the peculiarities of the constitutional and legal consolidation of positive discrimination in the field of education in foreign countries and in Ukraine. It is established that: 1) positive discrimination in the field of higher education is prohibited in the United Kingdom, Germany, Sweden, and Slovakia; 2) positive discrimination based on race in university admissions is prohibited in the USA; 3) positive discrimination is allowed and applied: in Canada to representatives of the indigenous population (indigenous peoples) when entering a university and when receiving special scholarships; in Bulgaria - only for one ethnic community - Gypsies when entering a university, in Hungary - for socially disadvantaged citizens and the ethnic community of Gypsies when entering a university, in Macedonia - for national minorities when entering a university; in Finland for applicants who speak Swedish when entering certain educational programs; in China - to representatives of ethnic minorities, in India - to representatives of classes and castes that, according to the Constitution of India, are disadvantaged; in New Zealand - to representatives of the indigenous Maori people and other Polynesians when entering higher education institutions and providing scholarships, in Sri Lanka - to applicants from areas with poor access to education, in Brazil - to representatives of racial and ethnic communities, people with low incomes and disabled people; 4) in Japan, in accordance with national legislation, it is forbidden to apply positive discrimination on the basis of gender, ethnicity, social origin (but not citizenship) when entering a university, but in practice there is a policy of granting preferential treatment when entering a university to representatives of the Burakumin national minority; 5) The French Constitution of 1958 prohibits discrimination on the basis of race, religion or sex, French legislation that develops provisions of the French Constitution prohibits direct and indirect discrimination in education based on race or ethnic origin, but allows positive discrimination in education that is based on signs of «belonging to a certain district of the city». In Ukraine, positive discrimination in the field of education when entering universities and receiving scholarships for representatives of indigenous peoples of Ukraine is not provided for by national legislation.

The article reveals the peculiarities of the constitutional and legal consolidation of positive discrimination in the field of education in foreign countries and in Ukraine. It is established that: 1) positive discrimination in the field of higher education is prohibited in the United Kingdom, Germany, Sweden, and Slovakia; 2) positive discrimination based on race in university admissions is prohibited in the USA; 3) positive discrimination is allowed and applied: in Canada to representatives of the indigenous population (indigenous peoples) when entering a university and when receiving special scholarships; in Bulgaria – only for one ethnic community – Gypsies when entering a university, in Hungary – for socially disadvantaged citizens and the ethnic community of Gypsies when entering a university, in Macedonia – for national minorities when entering a university; in Finland for applicants who speak Swedish when entering certain educational programs; in China – to representatives of ethnic minorities, in India – to representatives of classes and castes that, according to the Constitution of India, are disadvantaged; in New Zealand – to representatives of the indigenous Maori people and other Polynesians when entering higher education institutions and providing scholarships, in Sri Lanka – to applicants from areas with poor access to education, in Brazil – to representatives of racial and ethnic communities, people with low incomes and disabled people; 4) in Japan, in accordance with national legislation, it is forbidden to apply positive discrimination on the basis of gender, ethnicity, social origin (but not citizenship) when entering a university, but in practice there is a policy of granting preferential treatment when entering a university to representatives of the Burakumin national minority; 5) The French Constitution of 1958 prohibits discrimination on the basis of race, religion or sex, French legislation that develops provisions of the French Constitution prohibits direct and indirect discrimination in education based on race or ethnic origin, but allows positive discrimination in education that is based on signs of «belonging to a certain district of the city». In Ukraine, positive discrimination in the field of education when entering universities and receiving scholarships for representatives of indigenous peoples of Ukraine is not provided for by national legislation.

AbstractThe nucleus of the collection of paintings in the Mauritshuis around 130 pictures - came from the hereditary stadholder Prince William v. It is widely believed to have become, the property of the State at the beginning of the 19th century, but how this happened is still. unclear. A hand-written notebook on this subject, compiled in 1876 by - the director Jonkheer J. K. L. de Jonge is in the archives of the Mauritshuis Note 4). On this basis a clnsor systematic and chronological investigation has been carried out into the stadholder's. property rights in respect of his collectcons and the changes these underwent between 1795 and 1816. Royal decrees and other documents of the period 1814- 16 in particular giae a clearer picture of whal look place. 0n 18 January 1795 William V (Fig. 2) left the Netherlands and fled to England. On 22 January the Dutch Republic was occupied by French armies. Since France had declared war on the stadholder, the ownership of all his propergy in the Netherlands, passed to France, in accordance with the laws of war of the time. His famous art collections on the Builerth of in. The Hague were taken to Paris, but the remaining art objects, distributed over his various houses, remained in the Netherlands. On 16 May 1795 the French concluded a treaty with the Batavian Republic, recognizing it as an independent power. All the properties of William v in the Netehrlands but not those taken to France, were made over to the Republic (Note 14), which proceeded to sell objects from the collections, at least seven sales taking place until 1798 (Note 15). A plan was then evolved to bring the remaining treasures together in a museum in emulation of the French. On the initiative of J. A. Gogel, the Nationale Konst-Galerij', the first national museum in the .Netherlands, was estahlished in The Hague and opened to the public on ,31 May 1800. Nothing was ever sold from lhe former stadholder's library and in 1798 a Nationale Bibliotheek was founded as well. In 1796, quite soon after the French had carried off the Stadholder, possessions to Paris or made them over to the Batavian Republic, indemnification was already mentioned (Note 19). However, only in the Trealy of Amiens of 180 and a subaequent agreement, between France ararl Prussia of 1 802, in which the Prince of Orarage renounced his and his heirs' rights in the Netherlands, did Prussia provide a certain compensation in the form of l.artds in Weslphalia and Swabia (Note 24) - William v left the management of these areas to the hereditary prince , who had already been involved in the problems oncerning his father's former possessions. In 1804 the Balavian Republic offered a sum of five million guilders 10 plenipotentiaries of the prince as compensation for the sequestrated titles and goods, including furniture, paintings, books and rarities'. This was accepted (Notes 27, 28), but the agreement was never carried out as the Batavian Republic failed to ratify the payment. In the meantime the Nationale Bibliolkeek and the Nationale Konst-Galerij had begun to develop, albeit at first on a small scale. The advent of Louis Napoleon as King of Hollarad in 1806 brought great changes. He made a start on a structured art policy. In 1806 the library, now called `Royal', was moved to the Mauritshuis and in 1808 the collectiorts in The Hague were transferred to Amsterdam, where a Koninklijk Museum was founded, which was housed in the former town hall. This collection was subsequertly to remain in Amsterdam, forming the nucleus of the later Rijksmuseum. The library too was intended to be transferred to Amsterdam, but this never happened and it remained in the Mauritshuis until 1819. Both institutions underwent a great expansion in the period 1806-10, the library's holdings increasing from around 10,000 to over 45,000 books and objects, while the museum acquired a number of paintings, the most important being Rembrandt's Night Watch and Syndics, which were placed in the new museum by the City of Amsterdam in 1808 (Note 44). In 1810 the Netherlands was incorporated into France. In the art field there was now a complete standstill and in 1812 books and in particular prints (around 11,000 of them) were again taken from The Hague to Paris. In November 1813 the French dominion was ended and on 2 December the hereditary prince, William Frederick, was declared sovereign ruler. He was inaugurated as constitutional monarch on 30 March 1814. On January 3rd the provisional council of The Hague had already declared that the city was in (unlawful' possession of a library, a collection of paintings, prints and other objects of art and science and requested the king tot take them back. The war was over and what had been confiscated from William under the laws of war could now be given back, but this never happened. By Royal Decree of 14 January 1814 Mr. ( later Baron) A. J. C. Lampsins (Fig. I ) was commissioned to come to an understanding with the burgomaster of The Hague over this transfer, to bring out a report on the condition of the objects and to formulate a proposal on the measures to be taken (Note 48). On 17 January Lampsins submitted a memorandum on the taking over of the Library as the private property of His Royal Highness the Sovereign of the United Netherlartds'. Although Lampsins was granted the right to bear the title 'Interim Director of the Royal Library' by a Royal Decree of 9 February 1814, William I did not propose to pay The costs himself ; they were to be carried by the Home Office (Note 52). Thus he left the question of ownership undecided. On 18 April Lampsins brought out a detailed report on all the measures to be taken (Appendix IIa ) . His suggestion was that the objects, formerly belonging to the stadholder should be removed from the former royal museum, now the Rijksmuseum, in Amsterdam and to return the 'Library', as the collectiort of books, paintings and prints in The Hague was called, to the place where they had been in 1795. Once again the king's reaction was not very clear. Among other things, he said that he wanted to wait until it was known how extensive the restitution of objects from Paris would be and to consider in zvhich scholarly context the collections would best, fit (Note 54) . While the ownership of the former collections of Prince William I was thus left undecided, a ruling had already been enacted in respect of the immovable property. By the Constitution of 1814, which came into effect on 30 March, the king was granted a high income, partly to make up for the losses he had sulfered. A Royal Decree of 22 January 1815 does, however, imply that William had renounced the right to his, father's collections, for he let it be known that he had not only accepted the situation that had developed in the Netherlands since 1795, but also wished it to be continued (Note 62). The restitution of the collections carried off to France could only be considered in its entirety after the defeat of Napoleon at the Battle of Waterloo on 18 June 1815- This was no simple matter, but in the end most, though not all, of the former possessions of William V were returned to the Netherlands. What was not or could not be recovered then (inc.uding 66 paintings, for example) is still in France today (Note 71)- On 20 November 1815 127 paintings, including Paulus Potter's Young Bull (Fig. 15), made a ceremonial entry into The Hague. But on 6 October, before anything had actually been returned, it had already been stipulated by Royal Decree that the control of the objects would hence forlh be in the hands of the State (Note 72). Thus William I no longer regarded his father's collections as the private property of the House of Orange, but he did retain the right to decide on the fulure destiny of the... painting.s and objects of art and science'. For the time being the paintings were replaced in the Gallery on the Buitenhof, from which they had been removed in 1795 (Note 73). In November 1815 the natural history collection was made the property of Leiden University (Note 74), becoming the basis for the Rijksmuseum voor Natuurlijke Historie, The print collection, part of the Royal Library in The Hague, was exchanged in May 1816 for the national collectiort of coins and medals, part of the Rijksmuseum. As of 1 Jufy 1816 directors were appointed for four different institutions in The Hague, the Koninklijke Bibliotheek (with the Koninklijk Penningkabinet ) , the Koninklijk Kabinet van Schilderijen and the Yoninklijk Kabinet van Zeldzaamheden (Note 80) . From that time these institutions led independenl lives. The king continued to lake a keen interest in them and not merely in respect of collecting Their accommodation in The Hague was already too cramped in 1816. By a Royal Decree of 18 May 1819 the Hotel Huguetan, the former palace of the. crown prince on Lange Voorhout, was earmarked for the Koninklijke Bibliotheek and the Koninklijk Penningkabinet (Note 87) . while at the king's behest the Mauritshuis, which had been rented up to then, was bought by the State on 27 March 1820 and on IO July allotted to the Koninklijk Kabinet van Schilderijen and the Koninklijk Kabinet van Zeldzaamheden (Note 88). Only the Koninklijk Kabinet van Schilderijen is still in the place assigned to it by William and the collection has meanwhile become so identified with its home that it is generally known as the Mauritshui.s'. William i's most important gift was made in July 1816,just after the foundation of the four royal institutions, when he had deposited most of the objects that his father had taken first to England and later to Oranienstein in the Koninklijk Kabinet van Zeldzaamheden. The rarities (Fig. 17), curios (Fig. 18) and paintings (Fig. 19), remained there (Note 84), while the other art objects were sorted and divided between the Koninklijke Bibliotheek (the manuscripts and books) and the koninklijk Penningkabinet (the cameos and gems) (Note 85). In 1819 and 182 the king also gave the Koninklijke Bibliotheek an important part of the Nassau Library from the castle at Dillenburg. Clearly he is one of the European monarchs who in the second half of the 18th and the 19th century made their collectiorts accessible to the public, and thus laid the foundatinns of many of today's museums. But William 1 also made purchases on behalf of the institutions he had created. For the Koninklijke Bibliotheek, for example, he had the 'Tweede Historiebijbel', made in Utrecht around 1430, bought in Louvain in 1829 for 1, 134 guilders (Pigs.30,3 I, Note 92). For the Koninkijk Penningkabinet he bought a collection of 62 gems and four cameos , for ,50,000 guilders in 1819. This had belonged to the philosopher Frans Hemsterhuis, the keeper of his father's cabinet of antiquities (Note 95) . The most spectacular acquisition. for the Penninukabinet., however, was a cameo carved in onyx, a late Roman work with the Triumph of Claudius, which the king bought in 1823 for 50,000 guilders, an enormous sum in those days. The Koninklijk Kabinet van Zeldzaamhedert also received princely gifts. In 1821- the so-called doll's house of Tzar Peter was bought out of the king's special funds for 2.800 guilders (Figs.33, 34, ,Note 97) , while even in 1838, when no more money was available for art, unnecessary expenditure on luxury' the Von Siebold ethnographical collection was bought at the king's behest for over 55,000 guilders (Note 98). The Koninklijk Kabinel van Schilderyen must have been close to the hearl of the king, who regarded it as an extension of the palace (Notes 99, 100) . The old master paintings he acquzred for it are among the most important in the collection (the modern pictures, not dealt with here, were transferred to the Paviljoen Welgelegen in Haarlem in 1838, Note 104). For instance, in 1820 he bought a portrait of Johan Maurice of Nassau (Fig.35)., while in 1822, against the advice of the then director, he bought Vermeer' s View of Delft for 2,900 guilders (Fig.36, Note 105) and in 1827 it was made known, from Brussels that His Majesty had recommended the purchase of Rogier van der Weyden's Lamentation (Fig.37) . The most spectacular example of the king's love for 'his' museum, however, is the purchase in 1828 of Rembrandt's Anatomy Lesson of Dr. Nicolaes Tulp for 32,000 guilders. The director of the Rijksmuseum, C. Apostool, cortsidered this Rembrandt'sfinest painting and had already drawn attention to it in 1817, At the king'.s behest the picture, the purchase of which had been financed in part by the sale of a number of painlings from. the Rijksmuseum, was placed in the Koninklijk Kabinet van Schilderijen in The Hague. On his accession King William I had left the art objects which had become state propery after being ceded by the French to the Batavian Republic in 1795 as they were. He reclaimed the collections carried off to France as his own property, but it can be deduced from the Royal Decrees of 1815 and 1816 that it Was his wish that they should be made over to the State, including those paintings that form the nucleus of the collection in the Mauritshuis. In addition, in 1816 he handed over many art objects which his father had taken with him into exile. His son, William II, later accepted this, after having the matter investigated (Note 107 and Appendix IV). Thus William I'S munificence proves to have been much more extensive than has ever been realized.

Richard Yeo, Defining Science: William Whewell, Natural Knowledge, and Public Debate in Early Victorian Britain . Cambridge University Press, 1993. Pp. xiv+280, £35.00. ISBN 0-521-43182-4 On a wet and dark morning in October 1811 a young man began a long, tedious journey from Lancaster to Cambridge. It was the beginning of a trip that would take William Whewell (1794-1866) from being the son of a carpenter and joiner to being Master of Trinity College. When he first arrived at Cambridge the war with revolutionary France was still raging, and the English physical and mental landscape was gradually changing to meet the needs of a developing industrial economy. For many it was heralding in a new morality expunged of religion and a very real threat to the English Constitution. It was in this social context that Whewell assimilated into the traditional Anglican culture of the eighteenth century. Within the walls of Trinity College he laboured to protect it from the illusionary and destructive effects of French abstract reason, as well as the growing interests stemming from the new industrial cities such as Manchester. Indeed, he devoted his life to preserving and ensuring that political and intellectual changes did not adversely affect the constitutional marriage between church and state, and the intrinsic role Oxbridge played in this holy alliance.

IntroductionCulinary education in Ireland has long been influenced by culinary education being delivered in catering colleges in the United Kingdom (UK). Institutionalised culinary education started in Britain through the sponsorship of guild conglomerates (Lawson and Silver). The City & Guilds of London Institute for the Advancement of Technical Education opened its central institution in 1884. Culinary education in Ireland began in Kevin Street Technical School in the late 1880s. This consisted of evening courses in plain cookery. Dublin’s leading chefs and waiters of the time participated in developing courses in French culinary classics and these courses ran in Parnell Square Vocational School from 1926 (Mac Con Iomaire “The Changing”). St Mary’s College of Domestic Science was purpose built and opened in 1941 in Cathal Brugha Street. This was renamed the Dublin College of Catering in the 1950s. The Council for Education, Recruitment and Training for the Hotel Industry (CERT) was set up in 1963 and ran cookery courses using the City & Guilds of London examinations as its benchmark. In 1982, when the National Craft Curriculum Certification Board (NCCCB) was established, CERT began carrying out their own examinations. This allowed Irish catering education to set its own standards, establish its own criteria and award its own certificates, roles which were previously carried out by City & Guilds of London (Corr). CERT awarded its first certificates in professional cookery in 1989. The training role of CERT was taken over by Fáilte Ireland, the State tourism board, in 2003. Changing Trends in Cookery and Culinary Textbooks at DIT The Dublin College of Catering which became part of the Dublin Institute of Technology (DIT) is the flagship of catering education in Ireland (Mac Con Iomaire “The Changing”). The first DIT culinary award, was introduced in 1984 Certificate in Diet Cookery, later renamed Higher Certificate in Health and Nutrition for the Culinary Arts. On the 19th of July 1992 the Dublin Institute of Technology Act was enacted into law. This Act enabled DIT to provide vocational and technical education and training for the economic, technological, scientific, commercial, industrial, social and cultural development of the State (Ireland 1992). In 1998, DIT was granted degree awarding powers by the Irish state, enabling it to make major awards at Higher Certificate, Ordinary Bachelor Degree, Honors Bachelor Degree, Masters and PhD levels (Levels six to ten in the National Framework of Qualifications), as well as a range of minor, special purpose and supplemental awards (National NQAI). It was not until 1999, when a primary degree in Culinary Arts was sanctioned by the Department of Education in Ireland (Duff, The Story), that a more diverse range of textbooks was recommended based on a new liberal/vocational educational philosophy. DITs School of Culinary Arts currently offers: Higher Certificates Health and Nutrition for the Culinary Arts; Higher Certificate in Culinary Arts (Professional Culinary Practice); BSc (Ord) in Baking and Pastry Arts Management; BA (Hons) in Culinary Arts; BSc (Hons) Bar Management and Entrepreneurship; BSc (Hons) in Culinary Entrepreneurship; and, MSc in Culinary Innovation and Food Product Development. From 1942 to 1970, haute cuisine, or classical French cuisine was the most influential cooking trend in Irish cuisine and this is reflected in the culinary textbooks of that era. Haute cuisine has been influenced by many influential writers/chefs such as Francois La Varenne, Antoine Carême, Auguste Escoffier, Ferand Point, Paul Bocuse, Anton Mosiman, Albert and Michel Roux to name but a few. The period from 1947 to 1974 can be viewed as a “golden age” of haute cuisine in Ireland, as more award-winning world-class restaurants traded in Dublin during this period than at any other time in history (Mac Con Iomaire “The Changing”). Hotels and restaurants were run in the Escoffier partie system style which is a system of hierarchy among kitchen staff and areas of the kitchens specialising in cooking particular parts of the menu i.e sauces (saucier), fish (poissonnier), larder (garde manger), vegetable (legumier) and pastry (patissier). In the late 1960s, Escoffier-styled restaurants were considered overstaffed and were no longer financially viable. Restaurants began to be run by chef-proprietors, using plate rather than silver service. Nouvelle cuisine began in the 1970s and this became a modern form of haute cuisine (Gillespie). The rise in chef-proprietor run restaurants in Ireland reflected the same characteristics of the nouvelle cuisine movement. Culinary textbooks such as Practical Professional Cookery, La Technique, The Complete Guide to Modern Cooking, The Art of the Garde Mange and Patisserie interpreted nouvelle cuisine techniques and plated dishes. In 1977, the DIT began delivering courses in City & Guilds Advanced Kitchen & Larder 706/3 and Pastry 706/3, the only college in Ireland to do so at the time. Many graduates from these courses became the future Irish culinary lecturers, chef-proprietors, and culinary leaders. The next two decades saw a rise in fusion cooking, nouvelle cuisine, and a return to French classical cooking. Numerous Irish chefs were returning to Ireland having worked with Michelin starred chefs and opening new restaurants in the vein of classical French cooking, such as Kevin Thornton (Wine Epergne & Thorntons). These chefs were, in turn, influencing culinary training in DIT with a return to classical French cooking. New Classical French culinary textbooks such as New Classical Cuisine, The Modern Patisserie, The French Professional Pastry Series and Advanced Practical Cookery were being used in DIT In the last 15 years, science in cooking has become the current trend in culinary education in DIT. This is acknowledged by the increased number of culinary science textbooks and modules in molecular gastronomy offered in DIT. This also coincided with the launch of the BA (Hons) in Culinary Arts in DIT moving culinary education from a technical to a liberal education. Books such as The Science of Cooking, On Food and Cooking, The Fat Duck Cookbook and Modern Gastronomy now appear on recommended textbooks for culinary students.For the purpose of this article, practical classes held at DIT will be broken down as follows: hot kitchen class, larder classes, and pastry classes. These classes had recommended textbooks for each area. These can be broken down into three sections: hot kitche, larder, and pastry. This table identifies that the textbooks used in culinary education at DIT reflected the trends in cookery at the time they were being used. Hot Kitchen Larder Pastry Le Guide Culinaire. 1921. Le Guide Culinaire. 1921. The International Confectioner. 1968. Le Repertoire De La Cuisine. 1914. The Larder Chef, Classical Food Preparation and Presentation. 1969. Patisserie. 1971. All in the Cooking, Books 1&2. 1943 The Art of the Garde Manger. 1973. The Modern Patissier. 1986 Larousse Gastronomique. 1961. New Classic Cuisine. 1989. Professional French Pastry Series. 1987. Practical Cookery. 1962. The Curious Cook. 1990. Complete Pastrywork Techniques. 1991. Practical Professional Cookery. 1972. On Food and Cooking. The Science and Lore of the Kitchen. 1991. On Food and Cooking: The Science and Lore of the Kitchen. 1991 La Technique. 1976. Advanced Practical Cookery. 1995. Desserts: A Lifelong Passion. 1994. Escoffier: The Complete Guide to the Art of Modern Cookery. 1979. The Science of Cooking. 2000. Culinary Artistry. Dornenburg, 1996. Professional Cookery: The Process Approach. 1985. Garde Manger, The Art and Craft of the Cold Kitchen. 2004. Grande Finales: The Art of the Plated Dessert. 1997. On Food and Cooking: The Science and Lore of the Kitchen. 1991. The Science of Cooking. 2000. Fat Duck Cookbook. 2009. Modern Gastronomy. 2010. Tab.1. DIT Culinary Textbooks.1942–1960 During the first half of the 20th century, senior staff working in Dublin hotels, restaurants and clubs were predominately foreign born and trained. The two decades following World War II could be viewed as the “golden age” of haute cuisine in Dublin as many award-wining restaurants traded in the city at this time (Mac Con Iomaire “The Emergence”). Culinary education in DIT in 1942 saw the use of Escoffier’s Le Guide Culinaire as the defining textbook (Bowe). This was first published in 1903 and translated into English in 1907. In 1979 Cracknell and Kaufmann published a more comprehensive and update edited version under the title The Complete Guide to the Art of Modern Cookery by Escoffier for use in culinary colleges. This demonstrated that Escoffier’s work had withstood the test of the decades and was still relevant. Le Repertoire de La Cuisine by Louis Saulnier, a student of Escoffier, presented the fundamentals of French classical cookery. Le Repertoire was inspired by the work of Escoffier and contains thousands of classical recipes presented in a brief format that can be clearly understood by chefs and cooks. Le Repertoire remains an important part of any DIT culinary student’s textbook list. All in the Cooking by Josephine Marnell, Nora Breathnach, Ann Mairtin and Mor Murnaghan (1946) was one of the first cookbooks to be published in Ireland (Cashmann). This book was a domestic science cooking book written by lecturers in the Cathal Brugha Street College. There is a combination of classical French recipes and Irish recipes throughout the book. 1960s It was not until the 1960s that reference book Larousse Gastronomique and new textbooks such as Practical Cookery, The Larder Chef and International Confectionary made their way into DIT culinary education. These books still focused on classical French cooking but used lighter sauces and reflected more modern cooking equipment and techniques. Also, this period was the first time that specific books for larder and pastry work were introduced into the DIT culinary education system (Bowe). Larousse Gastronomique, which used Le Guide Culinaire as a basis (James), was first published in 1938 and translated into English in 1961. Practical Cookery, which is still used in DIT culinary education, is now in its 12th edition. Each edition has built on the previous, however, there is now criticism that some of the content is dated (Richards). Practical Cookery has established itself as a key textbook in culinary education both in Ireland and England. Practical Cookery recipes were laid out in easy to follow steps and food commodities were discussed briefly. The Larder Chef was first published in 1969 and is currently in its 4th edition. This book focuses on classical French larder techniques, butchery and fishmongery but recognises current trends and fashions in food presentation. The International Confectioner is no longer in print but is still used as a reference for basic recipes in pastry classes (Campbell). The Modern Patissier demonstrated more updated techniques and methods than were used in The International Confectioner. The Modern Patissier is still used as a reference book in DIT. 1970s The 1970s saw the decline in haute cuisine in Ireland, as it was in the process of being replaced by nouvelle cuisine. Irish chefs were being influenced by the works of chefs such as Paul Boucuse, Roger Verge, Michel Guerard, Raymond Olivier, Jean & Pierre Troisgros, Alain Senderens, Jacques Maniere, Jean Delaveine and Michel Guerard who advanced the uncomplicated natural presentation in food. Henri Gault claims that it was his manifesto published in October 1973 in Gault-Millau magazine which unleashed the movement called La Nouvelle Cuisine Française (Gault). In nouvelle cuisine, dishes in Carème and Escoffier’s style were rejected as over-rich and complicated. The principles underpinning this new movement focused on the freshness of ingredients, and lightness and harmony in all components and accompaniments, as well as basic and simple cooking methods and types of presentation. This was not, however, a complete overthrowing of the past, but a moving forward in the long-term process of cuisine development, utilising the very best from each evolution (Cousins). Books such as Practical Professional Cookery, The Art of the Garde Manger and Patisserie reflected this new lighter approach to cookery. Patisserie was first published in 1971, is now in its second edition, and continues to be used in DIT culinary education. This book became an essential textbook in pastrywork, and covers the entire syllabus of City & Guilds and CERT (now Fáilte Ireland). Patisserie covered all basic pastry recipes and techniques, while the second edition (in 1993) included new modern recipes, modern pastry equipment, commodities, and food hygiene regulations reflecting the changing catering environment. The Art of the Garde Manger is an American book highlighting the artistry, creativity, and cooking sensitivity need to be a successful Garde Manger (the larder chef who prepares cold preparation in a partie system kitchen). It reflected the dynamic changes occurring in the culinary world but recognised the importance of understanding basic French culinary principles. It is no longer used in DIT culinary education. La Technique is a guide to classical French preparation (Escoffier’s methods and techniques) using detailed pictures and notes. This book remains a very useful guide and reference for culinary students. Practical Professional Cookery also became an important textbook as it was written with the student and chef/lecturer in mind, as it provides a wider range of recipes and detailed information to assist in understanding the tasks at hand. It is based on classical French cooking and compliments Practical Cookery as a textbook, however, its recipes are for ten portions as opposed to four portions in Practical Cookery. Again this book was written with the City & Guilds examinations in mind. 1980s During the mid-1980s, many young Irish chefs and waiters emigrated. They returned in the late-1980s and early-1990s having gained vast experience of nouvelle and fusion cuisine in London, Paris, New York, California and elsewhere (Mac Con Iomaire, “The Changing”). These energetic, well-trained professionals began opening chef-proprietor restaurants around Dublin, providing invaluable training and positions for up-and-coming young chefs, waiters and culinary college graduates. The 1980s saw a return to French classical cookery textbook such as Professional Cookery: The Process Approach, New Classic Cuisine and the Professional French Pastry series, because educators saw the need for students to learn the basics of French cookery. Professional Cookery: The Process Approach was written by Daniel Stevenson who was, at the time, a senior lecturer in Food and Beverage Operations at Oxford Polytechnic in England. Again, this book was written for students with an emphasis on the cookery techniques and the practices of professional cookery. The Complete Guide to Modern Cooking by Escoffier continued to be used. This book is used by cooks and chefs as a reference for ingredients in dishes rather than a recipe book, as it does not go into detail in the methods as it is assumed the cook/chef would have the required experience to know the method of production. Le Guide Culinaire was only used on advanced City & Guilds courses in DIT during this decade (Bowe). New Classic Cuisine by the classically French trained chefs, Albert and Michel Roux (Gayot), is a classical French cuisine cookbook used as a reference by DIT culinary educators at the time because of the influence the Roux brothers were having over the English fine dining scene. The Professional French Pastry Series is a range of four volumes of pastry books: Vol. 1 Doughs, Batters and Meringues; Vol. 2 Creams, Confections and Finished Desserts; Vol. 3 Petit Four, Chocolate, Frozen Desserts and Sugar Work; and Vol. 4 Decorations, Borders and Letters, Marzipan, Modern Desserts. These books about classical French pastry making were used on the advanced pastry courses at DIT as learners needed a basic knowledge of pastry making to use them. 1990s Ireland in the late 1990s became a very prosperous and thriving European nation; the phenomena that became known as the “celtic tiger” was in full swing (Mac Con Iomaire “The Changing”). The Irish dining public were being treated to a resurgence of traditional Irish cuisine using fresh wholesome food (Hughes). The Irish population was considered more well-educated and well travelled than previous generations and culinary students were now becoming interested in the science of cooking. In 1996, the BA (Hons) in Culinary Arts program at DIT was first mooted (Hegarty). Finally, in 1999, a primary degree in Culinary Arts was sanctioned by the Department of Education underpinned by a new liberal/vocational philosophy in education (Duff). Teaching culinary arts in the past had been through a vocational education focus whereby students were taught skills for industry which were narrow, restrictive, and constraining, without the necessary knowledge to articulate the acquired skill. The reading list for culinary students reflected this new liberal education in culinary arts as Harold McGee’s books The Curious Cook and On Food and Cooking: The Science and Lore of the Kitchen explored and explained the science of cooking. On Food and Cooking: The Science and Lore of the Kitchen proposed that “science can make cooking more interesting by connecting it with the basic workings of the natural world” (Vega 373). Advanced Practical Cookery was written for City & Guilds students. In DIT this book was used by advanced culinary students sitting Fáilte Ireland examinations, and the second year of the new BA (Hons) in Culinary Arts. Culinary Artistry encouraged chefs to explore the creative process of culinary composition as it explored the intersection of food, imagination, and taste (Dornenburg). This book encouraged chefs to develop their own style of cuisine using fresh seasonal ingredients, and was used for advanced students but is no longer a set text. Chefs were being encouraged to show their artistic traits, and none more so than pastry chefs. Grande Finale: The Art of Plated Desserts encouraged advanced students to identify different “schools” of pastry in relation to the world of art and design. The concept of the recipes used in this book were built on the original spectacular pieces montées created by Antoine Carême. 2000–2013 After nouvelle cuisine, recent developments have included interest in various fusion cuisines, such as Asia-Pacific, and in molecular gastronomy. Molecular gastronomists strive to find perfect recipes using scientific methods of investigation (Blanck). Hervè This experimentation with recipes and his introduction to Nicholos Kurti led them to create a food discipline they called “molecular gastronomy”. In 1998, a number of creative chefs began experimenting with the incorporation of ingredients and techniques normally used in mass food production in order to arrive at previously unattainable culinary creations. This “new cooking” (Vega 373) required a knowledge of chemical reactions and physico-chemical phenomena in relation to food, as well as specialist tools, which were created by these early explorers. It has been suggested that molecular gastronomy is “science-based cooking” (Vega 375) and that this concept refers to conscious application of the principles and tools from food science and other disciplines for the development of new dishes particularly in the context of classical cuisine (Vega). The Science of Cooking assists students in understanding the chemistry and physics of cooking. This book takes traditional French techniques and recipes and refutes some of the claims and methods used in traditional recipes. Garde Manger: The Art and Craft of the Cold Kitchen is used for the advanced larder modules at DIT. This book builds on basic skills in the Larder Chef book. Molecular gastronomy as a subject area was developed in 2009 in DIT, the first of its kind in Ireland. The Fat Duck Cookbook and Modern Gastronomy underpin the theoretical aspects of the module. This module is taught to 4th year BA (Hons) in Culinary Arts students who already have three years experience in culinary education and the culinary industry, and also to MSc Culinary Innovation and Food Product Development students. Conclusion Escoffier, the master of French classical cuisine, still influences culinary textbooks to this day. His basic approach to cooking is considered essential to teaching culinary students, allowing them to embrace the core skills and competencies required to work in the professional environment. Teaching of culinary arts at DIT has moved vocational education to a more liberal basis, and it is imperative that the chosen textbooks reflect this development. This liberal education gives the students a broader understanding of cooking, hospitality management, food science, gastronomy, health and safety, oenology, and food product development. To date there is no practical culinary textbook written specifically for Irish culinary education, particularly within this new liberal/vocational paradigm. There is clearly a need for a new textbook which combines the best of Escoffier’s classical French techniques with the more modern molecular gastronomy techniques popularised by Ferran Adria. References Adria, Ferran. Modern Gastronomy A to Z: A Scientific and Gastronomic Lexicon. London: CRC P, 2010. Barker, William. The Modern Patissier. London: Hutchinson, 1974. Barham, Peter. The Science of Cooking. Berlin: Springer-Verlag, 2000. Bilheux, Roland, Alain Escoffier, Daniel Herve, and Jean-Maire Pouradier. Special and Decorative Breads. New York: Van Nostrand Reinhold, 1987. Blanck, J. "Molecular Gastronomy: Overview of a Controversial Food Science Discipline." Journal of Agricultural and Food Information 8.3 (2007): 77-85. Blumenthal, Heston. The Fat Duck Cookbook. London: Bloomsbury, 2001. Bode, Willi, and M.J. Leto. The Larder Chef. Oxford: Butter-Heinemann, 1969. Bowe, James. Personal Communication with Author. Dublin. 7 Apr. 2013. Boyle, Tish, and Timothy Moriarty. Grand Finales, The Art of the Plated Dessert. New York: John Wiley, 1997. Campbell, Anthony. Personal Communication with Author. Dublin, 10 Apr. 2013. Cashman, Dorothy. "An Exploratory Study of Irish Cookbooks." Unpublished M.Sc Thesis. Dublin: Dublin Institute of Technology, 2009. Ceserani, Victor, Ronald Kinton, and David Foskett. Practical Cookery. London: Hodder & Stoughton Educational, 1962. Ceserani, Victor, and David Foskett. Advanced Practical Cookery. London: Hodder & Stoughton Educational, 1995. Corr, Frank. Hotels in Ireland. Dublin: Jemma, 1987. Cousins, John, Kevin Gorman, and Marc Stierand. "Molecular Gastronomy: Cuisine Innovation or Modern Day Alchemy?" International Journal of Hospitality Management 22.3 (2009): 399–415. Cracknell, Harry Louis, and Ronald Kaufmann. Practical Professional Cookery. London: MacMillan, 1972. Cracknell, Harry Louis, and Ronald Kaufmann. Escoffier: The Complete Guide to the Art of Modern Cookery. New York: John Wiley, 1979. Dornenburg, Andrew, and Karen Page. Culinary Artistry. New York: John Wiley, 1996. Duff, Tom, Joseph Hegarty, and Matt Hussey. The Story of the Dublin Institute of Technology. Dublin: Blackhall, 2000. Escoffier, Auguste. Le Guide Culinaire. France: Flammarion, 1921. Escoffier, Auguste. The Complete Guide to the Art of Modern Cookery. Ed. Crachnell, Harry, and Ronald Kaufmann. New York: John Wiley, 1986. Gault, Henri. Nouvelle Cuisine, Cooks and Other People: Proceedings of the Oxford Symposium on Food and Cookery 1995. Devon: Prospect, 1996. 123-7. Gayot, Andre, and Mary, Evans. "The Best of London." Gault Millau (1996): 379. Gillespie, Cailein. "Gastrosophy and Nouvelle Cuisine: Entrepreneurial Fashion and Fiction." British Food Journal 96.10 (1994): 19-23. Gisslen, Wayne. Professional Cooking. Hoboken: John Wiley, 2011. Hanneman, Leonard. Patisserie. Oxford: Butterworth-Heinemann, 1971. Hegarty, Joseph. Standing the Heat. New York: Haworth P, 2004. Hsu, Kathy. "Global Tourism Higher Education Past, Present and Future." Journal of Teaching in Travel and Tourism 5.1/2/3 (2006): 251-267 Hughes, Mairtin. Ireland. Victoria: Lonely Planet, 2000. Ireland. Irish Statute Book: Dublin Institute of Technology Act 1992. Dublin: Stationery Office, 1992. James, Ken. Escoffier: The King of Chefs. Hambledon: Cambridge UP, 2002. Lawson, John, and Harold, Silver. Social History of Education in England. London: Methuen, 1973. Lehmann, Gilly. "English Cookery Books in the 18th Century." The Oxford Companion to Food. Oxford: Oxford UP, 1999. 227-9. Marnell, Josephine, Nora Breathnach, Ann Martin, and Mor Murnaghan. All in the Cooking Book 1 & 2. Dublin: Educational Company of Ireland, 1946. Mac Con Iomaire, Máirtín. "The Changing Geography and Fortunes of Dublin's Haute Cuisine Restaurants, 1958-2008." Food, Culture and Society: An International Journal of Multidisiplinary Research 14.4 (2011): 525-45. ---. "Chef Liam Kavanagh (1926-2011)." Gastronomica: The Journal of Food and Culture 12.2 (2012): 4-6. ---. "The Emergence, Development and Influence of French Haute Cuisine on Public Dining in Dublin Restaurants 1900-2000: An Oral History". PhD. Thesis. Dublin: Dublin Institute of Technology, 2009. McGee, Harold. The Curious Cook: More Kitchen Science and Lore. New York: Hungry Minds, 1990. ---. On Food and Cooking the Science and Lore of the Kitchen. London: Harper Collins, 1991. Montague, Prosper. Larousse Gastronomique. New York: Crown, 1961. National Qualification Authority of Ireland. "Review by the National Qualifications Authority of Ireland (NQAI) of the Effectiveness of the Quality Assurance Procedures of the Dublin Institute of Technology." 2010. 18 Feb. 2012 ‹http://www.dit.ie/media/documents/services/qualityassurance/terms_of_ref.doc› Nicolello, Ildo. Complete Pastrywork Techniques. London: Hodder & Stoughton, 1991. Pepin, Jacques. La Technique. New York: Black Dog & Leventhal, 1976. Richards, Peter. "Practical Cookery." 9th Ed. Caterer and Hotelkeeper (2001). 18 Feb. 2012 ‹http://www.catererandhotelkeeper.co.uk/Articles/30/7/2001/31923/practical-cookery-ninth-edition-victor-ceserani-ronald-kinton-and-david-foskett.htm›. Roux, Albert, and Michel Roux. New Classic Cuisine. New York: Little, Brown, 1989. Roux, Michel. Desserts: A Lifelong Passion. London: Conran Octopus, 1994. Saulnier, Louis. Le Repertoire De La Cuisine. London: Leon Jaeggi, 1914. Sonnenschmidt, Fredric, and John Nicholas. The Art of the Garde Manger. New York: Van Nostrand Reinhold, 1973. Spang, Rebecca. The Invention of the Restaurant: Paris and Modern Gastronomic Culture. Cambridge: Harvard UP, 2000. Stevenson, Daniel. Professional Cookery the Process Approach. London: Hutchinson, 1985. The Culinary Institute of America. Garde Manger: The Art and Craft of the Cold Kitchen. Hoboken: New Jersey, 2004. Vega, Cesar, and Job, Ubbink. "Molecular Gastronomy: A Food Fad or Science Supporting Innovation Cuisine?". Trends in Food Science & Technology 19 (2008): 372-82. Wilfred, Fance, and Michael Small. The New International Confectioner: Confectionary, Cakes, Pastries, Desserts, Ices and Savouries. 1968.

Le rapprochement de la Constitution du 4 octobre 1958 des constitutions étrangères permet de mettre en lumière une particularité de l’ordre constitutionnel français. Notre loi fondamentale n’a jamais été dotée, au terme d’une opération de codification, d’un quelconque catalogue formel de droits fondamentaux comparable à ceux qui ont été introduits dès le début du XXème siècle dans d’autres États. Si elle n’est pas complètement ignorée, l’exception française a été assez peu interrogée. Que la rencontre entre droits fondamentaux et codification n’ait jamais eu lieu en France, volontiers désignée comme « pays des droits de l’homme » et « terre d’élection de la codification », ne peut pourtant manquer de retenir l’attention. La question se pose en particulier de savoir si la singularité de notre texte constitutionnel, saillante et intrigante, s’avère, en outre, irréductible. L’histoire de cette rencontre qui n’a jamais eu lieu est-elle, autrement exprimé, celle de rendez-vous manqués ou d’une liaison impossible ? La recherche se propose d’interroger tant la possibilité de codifier les droits fondamentaux dans la Constitution française du 4 octobre 1958, que l’utilité d’une telle opération
The comparison of the Constitution of October 4, 1958 with the foreign constitutions allows to highlight a specific feature of the French constitutional order. Our fundamental law has never been endowed, after a codification exercise, with any formal catalogue of fundamental rights comparable to those which were introduced from the beginning of the 20th century in other States. While it is not completely ignored, the French exception has been barely discussed. The fact that the meeting between fundamental rights and codification has never taken place in France, willingly referred to as the “country of human rights” and the “chosen land of codification”, cannot however fail to attract attention. In particular, the question arises whether the singularity of our constitutional text, which is both salient and intriguing, is also irreducible. In other words, is the story of this meeting that never took place the story of missed appointments or of an impossible relationship ? The research aims to question both the possibility of codifying fundamental rights in the French Constitution of October 4, 1958, and the usefulness of such an operation

France is a unitary republic, divided into ninety-six metropolitan departments, five overseas departments and seven overseas territories. The judicial authority is the third authority referred to in the constitution of October 4, 1958, together with the legislature (Parliament) and the executive (Government). France is a civil law country; its legal system is based on Roman/Napoleonic law and was codified in 1804 (code civil). The code civil applies to all departments and overseas territories with limited exceptions for the latter.