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Updated: May 12, 2025
In Ireland the social conditions in the past have brought it about that the investigation and prosecution of crime is left to the police, who, as a result, have attained something of the protection which droit administratif throws over police and magistrates in France and other Continental countries, by which State officials are to a large extent protected from the ordinary law of the land, are exempted from the jurisdiction of the ordinary tribunals, and are subject instead to official law administered by official bodies.
The governments of England and of France are both of them popular in form; but does not a fundamental difference in their whole spirit and working result from the existence in one country of the droit administratif, and the absolute predominance in the other of regular law, applied by the ordinary courts, and extending equally over all classes of citizens?
For the last sixty years and more one of the rare pleasures of political philosophers has been to expatiate on "le droit administratif," on the extraordinary powers enjoyed by Government in France, whatever that government may be; and another pleasure, which few have denied themselves, is that of drawing the not very obscure inference that France is democratic rather than liberal, and that the French genius has no patience with extreme individualism.
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