3 ms·

I'm not familiar with the US system but I don't think the court de cassation is actually comparable to the US supreme court. The court de cassation only overtur

I'm not familiar with the US system but I don't think the court de cassation is actually comparable to the US supreme court. The court de cassation only overturns judgements on the basis of technical details of law, whether every procedure was followed as they should, etc. It doesn't provide any feedback on the actual judgement it overturns (or not). So the court that does the actual judging is free to get to the same judgement as before if it respects the process correctly this time. But this is essentially a new judgement that starts from zero and takes as much time as the first time.

addcommitpush 3y ago
And the “is this law constitutional?” part is done by the Constitutional council, which is not quite a court. And there’s a second Supreme Court (Conseil d’État) anyway. Quite different from the US.
- mcosta 3y ago
  Roman law vs Common law
lucianbr 3y ago
> this is essentially a new judgement that starts from zero and takes as much time as the first time Did the court de cassation overturn every single detail pertaining to the original judgement? Kinda feels like they should be able to speed up the new judgement, and only change whatever detail or details the superior court said were wrong. Well, I don't know much about this subject, but these delays make justice less just, and I don't understand how this is not obvious to everyone but the guilty.
- seszett 3y ago
  The case is almost always sent to a different court from the one that had its judgement overturned. The new court doesn't necessarily have to redo everything from scratch, only the precise points that were overturned, but obviously if it was something early in the procedure then many things might need to be reviewed. I believe what contributes most to the delay though is just that the French legal system (like most others) is overloaded and it just takes time until the case gets to the front of the queue.

addcommitpush 3y ago

And the “is this law constitutional?” part is done by the Constitutional council, which is not quite a court. And there’s a second Supreme Court (Conseil d’État) anyway. Quite different from the US.

mcosta 3y ago
Roman law vs Common law

lucianbr 3y ago

> this is essentially a new judgement that starts from zero and takes as much time as the first time Did the court de cassation overturn every single detail pertaining to the original judgement? Kinda feels like they should be able to speed up the new judgement, and only change whatever detail or details the superior court said were wrong. Well, I don't know much about this subject, but these delays make justice less just, and I don't understand how this is not obvious to everyone but the guilty.

seszett 3y ago
The case is almost always sent to a different court from the one that had its judgement overturned. The new court doesn't necessarily have to redo everything from scratch, only the precise points that were overturned, but obviously if it was something early in the procedure then many things might need to be reviewed. I believe what contributes most to the delay though is just that the French legal system (like most others) is overloaded and it just takes time until the case gets to the front of the queue.