From Government to Governance, From Judiciary to…?


It can be seen from the research that there is very little actually written about the role of the judge in relation to regulatory power. It is clear from the research on the political and legal constitutions around regulatory power that it is a complex picture. Therefore, this paper maps out how the judiciary in England and France has responded to changes in government. The first part of this paper will start to chart out the expansion and contraction of judicial power in relation to executive powers. The second part will provide a comparison between England and France’s regulatory systems and their relationships to their respective judiciaries. The conclusion sets out to answer the main question of where the judiciary sits in an a complex political, economic and legal tapestry to control a hybrid institution that sits outside of a legal constitution.