Dissertations / Theses on the topic 'Démocratie et Etat de droit'
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Tshilombo, Send Toussaint. "Ethnicité, représentation et démocratie : fondements d'un Etat de droit démocratique en République démocratique du Congo (ex-Zaïre)." Paris 2, 2000. http://www.theses.fr/2000PA020090.
Full textPassos, Martins Thomas. "La Cour suprême du Brésil et l''État démocratique de droit" : Contribution à une théorie de la démocratie réflexive." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10009/document.
Full textSince the adoption of the new democratic Constitution of Brazil in 1998, the Supreme Court has played an increasingly significant role within the Brazilian political system. Constantly asked to review the constitutionality of laws, the further extension of its jurisdiction in constitutional law, currently renders the High court a partial legislative body involved, along with the Head of State and Congress, in the formation of general will. In this context, as in all contemporary democracies containing a mechanism of judicial review that guarantees the supremacy of the Constitution, the development of the constitutional justice of Brazil has led to a questioning of classical electoral democracy based on a confusion between the will of the people and that of electected officials. Based on the premise that the functioning of democracy must be understood as reflexive, this thesis proposes to analyze, through the study of the jurisprudence of the Supreme Court, the changes made within the Brazilian democratic system in order to determine if the modifications have resulted in an overtaking of the traditional democratic model that has given rise to a democracy called « reflexive »
Garbay, Aurélie. "Démocratie(s), transition et lutte contre le terrorisme : le cas basque saisi par le droit." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV017.
Full textFor democratic societies, terrorism represents an exceptional threat. Exceptional, firstly, because the State does not face a traditional threat such as a war declaration sent by another State. Exceptional, secondly, because sometimes – often regarding Basque terrorism – it involves its own citizens. Exceptional, eventually, because although it is an extraordinary threat, the previous elements call Democracy to protect itself with the weapons set up under ordinary circumstances, through ordinary processes, against ordinary threats. It is a genuine contradiction in the study of the apparatus set up by Democracy in order to get protected from terrorism.In this perspective, the study of the Basque case presents specificities that lead to question terrorism’s effects on the construction of Democracy. The fight against Basque terrorism was born in the framework of a dictatorial regime, which did not hesitate to use any means against this enemy. It continued, while the Spanish State was operating a transition towards democracy, and kept on going while many indicators appeared to confirm the democratic nature of the new regime. A question arises: to which extent the permanency of a fight against an enemy insensitive to the regime changes influenced the perception of this opponent, but also the internal means and those developed through international cooperation to face it
Ivanovitch, Sarah. "Décentralisation et démocratie locale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1075.
Full textFrance is composed of two distinct systems - the first is the national system and the second is the local system, - which both are settled on a representative foundation. The elector citizen takes part only in elections. He/she does not get involved in the public decisions. The decentralization of power should have allowed the citizen to be closer to local decisions and affairs. But, local citizens give little interest to the local management even though the level of education is growing and the access to information is slightly increasing. In order to allow a real democratized decentralization, it is suitable to rebuild deeply the French Institutions. Effectively, it is necessary to ban any mandate plurality and to make the local system at a distance of the national system. Thus will allow a local corporate body to operate freely in a self administrative party respecting the conditions set by law. Here, a methodology to aim toward an uninterrupted democracy in a decentralized joint State will be suggested. A local citizen has to become a bona fide representative of the local system
Doui, Wawaye Augustin Jérémie. "La sécurité, la fondation de l'Etat centrafricain : contribution à la recherche de l'Etat de droit." Phd thesis, Université de Bourgogne, 2012. http://tel.archives-ouvertes.fr/tel-00732095.
Full textTraoré, Ibrahima. "L'Etat de Droit dans les Républiques du Mali et du Sénégal." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100084/document.
Full textLegally constituted state remains a reality in Mali and Senegal Republics, a piece of evidence the recurrent organization of competition elections which results are accepted by the losers. This democratic participation proves the interest demonstrated by decentralization politics. The latter constitute the fast track at local development. In addition, the absence of ethnic or religious parties testifies the anchor of true democracy. This one is confirmed in the democratic interpellation space during debates. These forums receive invaluable civil society expertise. But, the jurisdictional control more contributes to the rule of law because it participates in the regulation of authorities activity, in the protection of civil liberties and personal freedom
Delsenne, Ludivine. "Les Etats du Maghreb et la Turquie en recherche de modernité : Approche des évolutions en termes de démocratie représentative pluraliste, d'état de droit et droits de l'homme." Lille 2, 2003. http://www.theses.fr/2003LIL20024.
Full textModernity, hones angular dominant ground problems of Islam, is often reduced to dialectical of confrontation wrongly limited to the dialogue run up against between an antiquated civilization and a modern occident tending to reproduce the old conflict between the two religions of the book. Our intention is to account for the complexity of the relations between Islam and modernity, in the light of the experiments of Turkey and States of the Maghreb in their adaptation to a legal international environment in constant effervescence. A permanent tension enters the Western legal model often perceived like neo-colonial but considered universal and the respect of the Moslem cultural identity marked national ambivalence from the texts between the adoption of the Western constitutionnalism and the maintenance of the references to Islam, causing a certain legal ambiguity of the State. Question of the constitutional relationship between State and Islam, rises that from secularity like model of modernity adopted by Turkey, and to a certain extent by Tunisia, which remains however durably posed for Algeria and Morocco. Moreover, the attempts at bringing together between the cultural blocks, in particular between Europe and the Mediterranean, lead to a progressive and irreversible impregnation systems of national law by the international legal order conceived like a system of positive standards but also like a legal vision of the world aiming at imposing the construction of the State of right like inescapable. It results from it for the studied States a dynamic tension between the will to preserve their legal identity and that to introduce the parameter characteristics of the State of right. But, until now, this transposition remains formal. The heart of the questioning, the humans right and in particular the women's rights seem the last bastion of resistance of the complete evolution of the States studied towards modernity
Nguyen, Thi bich le. "La fondation philosophique de l’Etat de droit en France avec Montesquieu et Rousseau, et, son rôle dans la construction actuelle d’un Etat de droit socialiste avec l’exemple du Viet Nam." Thesis, Paris 8, 2016. http://www.theses.fr/2016PA080042.
Full textIn the history of philosophical ideologies of humanity, the French political philosophers of the eighteenth century had a decisive importance, especially Montesquieu and Rousseau, not only in the founding of the republic in France but also for their contribution to the definition of the Rule of law or legal state. These two thinkers are of central interest to understand their evolution of political concepts, because of their major ideological contributions to the determination of the State power and the Rule of law. Likewise, their influence has been extended through the time until our days, playing a big role in the configuration of a legal state in Vietnam. This thesis aims to illuminate this role
Balaamo, Mokelwa Jean-Pacifique. "Eglises et Etat en République démocratique du Congo : évolution historique du droit congolais des religions (1885-2003)." Institut de droit canonique (Strasbourg), 2006. http://www.theses.fr/2006STR20021.
Full textThis study focuses one's attention on the legal treatment of religious confessions, groups and movements in Democratic Republic of Congo. The religion is an important matter that affects deeply the political dynamic in the contemporary Congo. The colonial legislation of religions is legal status of cults and missions. The post-colonial legislation of religions condideres religions as cultuals associations. This study shows the limits of liberal policy, as legal basement of the State in history of Congo because this liberal policy doesn't assure a strict neutrality of the State in the respect of every conviction and belief. The congolish law of religions is complexe and various, and touchs different aspect of law (Public, Private, Penal, International law, Constitutional, Administrative Law. . . )
Goupy, Marie. "L'essor de la théorie juridico-politique sur l'état d'exception dans l'entre-deux guerres en France et en Allemagne : une genèse de l'état d'exception comme enjeu pour la démocratie." Phd thesis, Ecole normale supérieure de lyon - ENS LYON, 2011. http://tel.archives-ouvertes.fr/tel-00683729.
Full textLinhardt, Dominique. "La force de l'Etat en démocratie : la République fédérale d'Allemagne à l'épreuve de la guérilla urbaine (1967-1982)." Paris, ENMP, 2004. http://www.theses.fr/2004ENMP1218.
Full textKoffi, Kouame saint-Paul. "Constitutionnalisme et démocratie en Afrique noire francophone : le cas du Bénin, de la Côte d'Ivoire, du Mali, du Burkina Faso, du Togo et du Sénégal." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD044.
Full textIt has always been a challenge for constitutionalists and politicians of the African continent to enforce and implement constitutionalism and democracy effectively, and even efficiently, in Africa as a whole, and more particularly in Francophone black Africa. Indeed, constitutionalism in Francophone black Africa has not always coincided with the global wave of democratization that took place after the collapse of the Berlin wall. As a matter of fact, when the former French colonies became independent, new African leaders’ political and legal culture remained French-oriented, and that was the reason why the new African Constitutions were more or less similar to the October 4th 1958 French Constitution. Very soon, these Constitutions ended up not being implemented and some civil governments were overthrown by military coups. A single party eventually imposed itself everywhere, even in countries such as Ivory Coast where the principle of political pluralism was written in the Constitution. However, a wave of democratization started to widespread in the 1990s. Political regimes diversified with the new Constitutions, and some of these Constitutions veered from the 1958 French model. From now on, the new African Constitutionalism is embodied by two inseparable trends. On the one hand, constitutionalism has forced its way into the democratic debate. On the other hand, constitutional justice has been recognized. In short, my analyses have proven that on the ground, constitutionalism has not produced and reached the expected goals in terms of democracy, good governance, respect, and safeguarding of fundamental rights. One must nonetheless acknowledge some of the achievements in order to avoid turning this into a trial against constitutionalism and democracy in Africa
Monnier, Damien. "L'Etat de contentieux : contribution à la définition du concept d'"Etat de droit" en droit administratif français." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2083.
Full textThe Rule of law concept is a real domestic law dogma and has established itself as a norm in the international judicial order. It is beneft of a clearly defined signification. Different concepts are accepted and depend on the agreements of the state, on a hic et nunc warranty of some rights as well as the rulers political will. This study aims to consider the administrative law, and more specifically the administrative judge’s role, as a means of control over the authority of the state so as to promote the rights and fundamental freedoms of the constituents in France. Even if nothing could portend such an evolution on the account of the state, the Conseil d’État, through a (neo)liberal political influence, became major judicial institution which builds the concept of domestic rule. The administrative juridiction legitimizes the public action of the governments while ensuring the legal security of the constituents through a formal and substantive interpretation of the principle of legality. This relation on between the state and the administrative law state of litigation which can be analyzed as a kaleidoscope of social facts. This stems from a power policy, of a positive conflict between men, the institutions, the normes or the instituted powers. Therefore, by accommodating authority and freedom, the administrative jurisdiction exposes the extent to which the administration is subjected to the administrative law. The objective construction of the administrative Rule of law allows the setting up of an administrative justice, which guarantees the republican values of the State thanks to legal Justice and Legal State. The upgrading of the administrative Rule of law by the democracy provide some freedom to the people vis-à-vis the state. The lack of liberalism fades away in favour of a litigious society, juridification and normatism to the detriment of the state
Ngando, Sandje Rodrigue. "Etat et Nation dans le constitutionnalisme africain : étude thématique." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD007/document.
Full textOnly the State had a legal personality at the end of the 1789 Revolution. Derived from the phrase "[t] he State is the legal personification of a nation", the above-mentioned personality endows the first (state), to the detriment of the second (the nation), subjective rights. What about after the democratic revolution of 1989, that is to say, some two centuries later? This study attempts to show the revanche of the nation in legal theory from a context in which it was particularly bullied. On the one hand, the nation has a double mediate and immediate representation of the fact that it participates, with an initial legislative power, the formation of the general Will. We also know that the democratic renewal imposed the issue of legitimacy which the nation can control mediately (by the intermediation of the constitutional Court) or immediately (by referendum), the action of other organs including the constituent whose power skill set is framed by the constitution. Investment supranational bodies we discover more and more into the national legal trade makes the question of legitimacy more efficient when the nation, but also its various components (the ability to capture the regional, community or even international Instances), may require the condemnation of the State for breach of legal obligations. The idea of legitimacy is thus assumed for the nation, the opportunity to evaluate the work of state bodies from a large legal system. On the other hand, the constitutional recognition of national diversity and even taking into account the governance of the State profoundly reconfigured the principle of (national) sovereignty maintained by the revolutionary constitutional Law. Based on the principles of personality and territoriality, the African context provides evidence that the nation and sub-national communities are now holders of rights (political, socio-cultural) subjective, which changes the landscape of the modern State. We talk about plural juridical ways to characterize a plural political arrangement. It follows that the nation (not only her but all the sociological components of the State) has a dual legal personality (national and international) that opposes that of the State. The State remains in search of a new identity that will reflect the sum of the sub skills and supranational actors in the legal system which identity should also indicate the final direction of the postmodern theory of the legal personality of the State
Guindo, Salah. "Action publique et valorisation de la culture." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0022.
Full textThe African State, since the independences hasn’t ever been short of qualifiers. Sometimes it has been qualified of « soft », sometimes of « dictatorial » of state « stomach », of State « acculturéd » or « déculturized ». Facing the failures of the public action in Africa, the development of an « apathy culture » in the populations, how can we tie in this public action to the differents issues (polical, economic and social) of culture valorization ? Which axiological and legal tools do we have at our disposal today to help reconcile the public policies in Africa with their beneficiaries, there by give them the "capabilités" allowing them to choose and to construct their own ways ? Such are the main questionnements of this thesis that gathers the international tools for the purpose of the Malian case’s study. The thesis uses an interdisciplinary approach of the fundamental rights and set culture valorization as a state’s requirement . It proposes a transversal integration of culture in the conception and the implementation of public policy to construct an « true » democracies
Konaté, Woyo. "Universalité des droits de l'homme et mondialisation." Thesis, Montpellier 3, 2011. http://www.theses.fr/2011MON30027/document.
Full textHuman rights are really born with the writings of French Constituents during the 1789 revolution. These rights are the outcome of a long process of maturity of the conception of the right, which started since the classical jusnaturalisme through the divine right to result in modern jusnaturalisme, the modern natural right, which recognize for man rights by his nature. In fact, after being subject of poignant criticisms, the human rights have gained ground. They have been made legal by many bills of rights at the international as well as the regional level, and they have been constitutional thanks to democratic states. So their claim has become universal. But behind this theoretical universality is hidden a catastrophic practical reality. They are permanently and strongly violated. In fact, the fundamental obstacle which hinders the universalisation of these rights is the capitalistic globalization. This one, from its organization according to the only one logic of the market, raises difficulties of cultural, economic and political nature which prevent men from being able to enjoy their rights. But these difficulties which make the effective and universal practical of the human rights impossible are not a fatality. In fact, for a real universalisation of this norm we must remake the mondial system in substituting at the economical globalization the human rights globalization
Gajic, Sandra. "Le jeu des négociations entre l'Union européenne et la Serbie : les critères politiques (2000-2018)." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0463.
Full textSerbia is certainly not a typical state of Central and Southeastern Europe. A loyal ally of Russia and China, it suffered the longest international sanctions in Europe and NATO bombings in 1999. Since the fall of the Milošević regime in 2000, the "enfant terrible" of the continent is destined to join the European Union. However, the trend is clearly not toward a enlargement. Facing multiple crises (economic, migratory and democratic), the EU seems powerless in many ways. Although the EU has been regarded as a symbol of development, peace and democracy, it has suffered a loss of attractiveness in the last ten years. However, despite doubts on both sides, Brussels cannot afford not to reach out to Serbia, which has a central position in the Balkans, because of its demographic weight and its geostrategic position. In March 2012 Serbia was granted EU candidate status. By signing the Stabilisation Agreement, Belgrade is committed to a gradual harmonization of legislation with the acquis of the European Communities and thus implement many reforms. However, in a context of legal acculturation and deculturation, some voices are rising to denounce a chain of reforms for the sole purpose of joining the European institution. One of our aims is to clarify the nature and progress of these reforms through the political criteria, defined at the Copenhagen European Council in 1993. We will hence study the difficulties that Serbia shares with all the states from Southeast Europe and its own problems, by questioning the necessity and consequences of these changes.The study of the negotiations between Brussels and Belgrade is also an opportunity to examine the functioning of the European institution and to note the limits of constructive ambiguity cherished by the EU. Finally, the behavior of the European Union outside its borders is symptomatic of its behavior inside
Bozic, Marko. "L’influence de la théorie du droit social d’origine française sur la pensée juridique serbe durant le XXe siècle." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100208/document.
Full textThe discourse analysis of the Serbian theory of law in the 20th century in the thesis contributes not only to the description of the distinctive features of the Serbian legal thought but also to the establishment of a possibility for the reception of liberal concepts by a society in transition, whose political culture differ from the western society. In that sense, a modest influence of the theory of social law of French origin indicates a conservatism of the Serbian university elite, who did not have faith in the Serbian society and its capacities. This elite was aware of the fact that the Serbian society was still traditionalistic, patriarchal and poor in the institutions of the civil society. Therefore, although they were familiar with the liberal idea of the civil society that includes the state, according to which the state is nothing else but a citizens’ service, it was unconvincing. On the contrary, their liberal program relied on the idea of the Legal state which would stand against the energy of the masses and which would put the existence of a society of free individuals before its elitist institutions. Firmly believing in the society as the final source of the legislative and judicial activity, these French theories of social law launched an idea which was unacceptable for the Serbian theory: the idea of the domination of the society over the state. Still, an aversion towards the autonomous society of Serbian theoreticians does not only reveal the lack of liberal tradition in there thought. It explains the causes of the problematic mapping of the western democratic institutions, but also a difficult transition of the Serbian post-communist society in general
Mondelice, Mulry. "Le droit international et l'Etat de droit : enjeux et défis de l'action internationale à travers l'exemple d'Haïti." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020025.
Full textSince the beginning of the 90’s, international community bosltered the Rule of Law, particularly in Haiti. Looking in vain to establish a democracy and devastated by humanitarian and political crises, this State emphasizes the difficulties of acting at the international level. This interdisciplinary thesis focuses on access to justice as a guarantee of rights and freedoms. It examines how and to what extent the norms used to promote the Rule of Law can be considered as States’ legal duties and as a mean of change. Appealing to international human rights law, States, international organizations and non-state actors use different legal sources of the Rule of Law in various circumstances and contribute to its elasticity in the context of progressive institutionalization at the national and international levels. The Haitian example shows that by being internationalized, the Rule of Law becomes structured and consolidated through improved State guidance, the exercise of its competences being part of a national law that respects international law, and because of strong institutions protecting rights and freedoms of which the respect is monitored by various mechanisms and institutions. Nonetheless, the relationships between national and international law, the Rule of Law and immunities, sovereignty, relations between State and permanent members of the United Nations Security Council, as well as structural weaknesses impeding the development of a culture favorable to the Rule of Law restrain individuals’ effective access to justice. Therefore, it seems necessary to reorient actions through transversal reforms that should result in better practices of valuing human beings
Salaou, Mano. "La protection des droits économiques et sociaux en Afrique : de la consécration juridique aux problèmes de mise en oeuvre dans les états francophones." Clermont-Ferrand 1, 1996. http://www.theses.fr/1996CLF10169.
Full textThe constitutions born of the recent claims for democrats in French-speaking Africa recognize, those generousth than the ancient fondamental laus economic and social rights - in the current context of economic crisis and liberalization, it is to ask oneself about the practical value of a such acknowledgement. The economic a socials rights are a heterogeneous set that the content must be delimited. Based on the distinction between "rights to do" and "rights to", we can recuse this content through the common reference of the states to international law. After that, we can determine the rights in the whole statute law and estimate their juridical value. It is positive, particularly in constitutional level, although in inegual degree, according to states. However it remains imperfect because of the inefficiency of the procedures and the very substance of the "rights to", imparticular so the implementation of these rights crises many problems: theorically and technically, we can build easity the juridical settlement by drawing the fundamental principles; but realy, they are very unworkable, concerning "rights to", yet once more. To face up to obstacles to the actuality of the rights, it's advisable to mention the suitable conditions to promote the protection promised by the constitutions
Fahandej-Saadi, Ardavan. "L’interaction entre la souveraineté des Etats et les droits de la personne humaine : vers la responsabilité de protéger." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100199.
Full textThrough crystallization of the right and responsibility to intervene to protect the international community tries to bridge the gap between morality and legality of the interference for the protection of human rights. As interference in human protection purposes, since the end of the Cold War, found a legal basis for customary and does not correspond to an exceptional act may be justified in certain circumstances. With this approach, in case of failure of the Security Council in the implementation of military interference, regional organizations could without authorization "prior" and "precise" Security Council, commit armed interference. The study of the legal status of the UN and practices since the end of the Cold War, shows that if the right of intervention and the responsibility to protect has not yet found a foundation "live" in international conventions, however, they can find a legal basis in customary international law. Indeed, analysis of the value of UN resolutions and customary law elements of interference and the responsibility to protect demonstrate how resolutions 43/131 and 45/100 of the General Assembly inaugurated the process the right of intervention and the responsibility to protect. And since the 1990s, the practice of the Security Council, illustrated by a large number of resolutions that led to the implementation of operations just as many, and the practice of States and regional organizations to provide a legal body interference for human protection and leave no doubt about the legal nature of the latter
Kabisa, Bular Pawen Jean-Baptiste. "Singularité des traditions et universalisme de la démocratie: étude critique, inspirée d'Eric Weil, sur l'espace négro-africain dans la "mondialisation"." Doctoral thesis, Universite Libre de Bruxelles, 1998. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211992.
Full textDermine, Elise. "Le droit au travail et les politiques d'activation des personnes sans emploi: Une étude critique de l'action du droit international des droits humains dans la recomposition des politiques sociales nationales." Doctoral thesis, Université catholique de Louvain, Louvain-la-Neuve, 2015. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/239228.
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Ouedraogo, Daouda. "Démocratisation des Etats et garantie internationale des droits démocratiques : essai sur une contribution des organisations internationales." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0147/document.
Full textIf democracy refers to the political regime in which the state institutional apparatus reflects the will of the people, democratization would thus characterize any process leading to a more open and participatory authoritarian political system. But this democratization is not only the result of internal dynamics, it is also, and increasingly, the result of external actors, in particular international organizations.Since the end of the Cold War, convinced that democracy is the political system that offers the best guarantees of respect for human rights, international organizations, both universal and regional, with the United Nations in the lead, have resolutely invested themselves both from a normative and operational point of view in democracy promotion, sometimes to the point of questioning the well-established principle of State sovereignty. The promotion of democracy by international organizations is governed by a legal regime whose initial ambivalence has gradually given way to a certain coherence. This regime places individual and collective rights on States, the respect for which is monitored or even sanctioned by political and jurisdictional mechanisms, but whose effectiveness appears uncertain, thus recalling the complexity and sensitivity of the democratic question in international law
Keita, Mohamed Ousmane. "Recherche sur la transition politique et économique au Mali : l'État inachevé." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0107.
Full textThis thesis is both critical and pragmatic. A criticism of Mali’s recent history read in the light of the tools provided by the legal analysis, sociology and anthropology of law. This critical intent led to examine the history of Mali’s origins in a genetic perspective that has been detailed in the prolegomena. Pragmatic, the thesis puts forward proposals related to the concrete situation of Mali, along the lines of a deregulation of consciences and the re-introduction of constitutive standards into the Malian Republic. The language analysis proved valuable in meeting these two requirements. They also enabled to identify some shortcomings in legal dogma generally more anxious to graft prefabricated concepts onto African realities, rather than capture these realities with their nuances as close as possible. It therefore seemed appropriate to analyze the strategies of ordinary actors of the Malian political society. The consideration of the concepts handled by these latter accounts for the use of indigenous languages. The first part of the thesis is devoted to the analysis of Mali’s chaotic development in the aftermath of the relinquishment of the fathers’ project of independence under the double pressure of economic constraints and cultural determinants. The second part draws the relevant consequences from the point of view of constitutional theory. Thus, the thesis concludes with the proposal for reform of the system of African Unity based, upon as all the above, Bambara language’s saying : “Sleeping on the mat of others is like sleeping on the floor
Férey, Amélie. "Les politiques d’assassinats ciblés en Israël et aux Etats-Unis : juger de la légitimité de la violence étatique en démocratie libérale." Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0002.
Full textThe term “targeted killings” is commonly employed to refer to the intentional, premeditated and deliberate use of lethal force by states to kill selected individuals who are not in their custody. My research questions the justifications used to legitimize targeted killings within the liberal-democratic framework. I first give a chronological account of lethal practices pertaining to targeted killings and the context of their emergence. In the literature, targeted killings are discussed in reference to political assassination, theories of bombing in warfare and the use of preventive/preemptive force. (Chapter I) I then explore the national specific features of targeted killings by comparing Israeli with American discussion. (Chapter II) I analyze how targeted killings have been the spearhead of a recasting of legal obligations of Israel and the United States restricting use of force against irregular actors. (Chapter III) I then analyze national and international actual and hypothetical accountability mechanisms. I complete Allan Buchanan and Robert Keohane proposition of a “Drone Accountability Regime” by extending it to targeted killings. (Chapter IV) Their tactical efficiency does not guarantee their relevance for a long-term strategy aiming at countering terrorism. (Chapter V). What are their consequences on the international level? Targeted killings contribute to reinforce sovereignty of States waging war against “unlawful combatants”. (Chapter VI) Are they compatible with the moral values put forward by Israeli and American democracies? Targeted killings promote a new conception of legitimate violence by strengthening transparency demands towards secret use of force. (Chapter VII) This debate opens up avenues for “Raison d’État” in a liberal democracy by specifying the theoretical content of an exceptional morality. (Chapter VIII)
Komlavi, Kokou. "L'impact de la mise en oeuvre de la conditionnalité démocratique de l'aide européenne sur la politique au Togo et au Zimbabwe." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30035.
Full textToday there is a significant advance in the democratization process in Togo and Zimbabwe because of the political democratic conditionality for EU development aid and financial sanctions imposed against the country. It is the synergy of internal and external forces that contributed to the change in policy in Togo and Zimbabwe. The mobilization of civil society has been helpful. However, the political system produced by policy conditionality is only façade since the results are not up to what was expected. The results are mixed. The reforms undertaken in Togo and Zimbabwe are only apparent. In addition, aid dependence has fostered corruption, debt, and undermined investment. Unless appropriate solutions can be found to the democratic aspirations of the African peoples, taking into account their social, cultural, economic and political realities; sociopolitical crises are likely to persist on the continent. Africa today needs a strong institution capable of reconciling democracy and development. It also needs fiscal and monetary independence
Ulla, Malgorzata. "La lustration dans les Etats postcommunistes européens." Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10418/document.
Full textThe fall of communism in 1989 was a huge challenge for European states who experienced its effects. The new democracies had to face the immense legacy of the past, and had to find a solution on the issue of individuals related to the former regime. In particular, they had to work with those who have worked or collaborated with the communist secret services. Lustration is an original response the Post-Communist States to this phenomenon. It is considered as a measure of transitional justice. Lustration is strictly regulated by laws. They set up procedures to verify the past behavior of persons wishing to pursue employment in the public service of the new democratic State. Therefore, these laws establish a kind of purification of public administration.The lustration procedures are binding because they may violate many rights and fundamental freedoms of the individuals they are targeting. Hence, the importance of the supervision of this phenomenon at different levels: at the national level by the constitutional courts and at the European level by the Council of Europe and the European Court of Human Rights, who has established the standards of lustration to be respected by each State wishing to implement it
Dusepulchre, Gaëlle. "Politique européenne de coopération au développement et relations extérieures: des droits de l'homme à la bonne gouvernance, impact de l'interdépendance du droit et du politique sur le choix des instruments de régulation." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210587.
Full textThe study related to both EU tools, affecting its external aid policies and contributing to its human rights strategy :conditionality and governance. One of the main critic that the doctrine addresses to EU conditionality, is its incapacity to lead to an external aid free of geopolitical considerations and acting to protect and promote effectively the human rights. The doctrine explains this weakness by pointing out the mechanism of conditionality’s lack of clearness and previsibility. Despite this critic is pleading for a more legalized mechanism, the governance strategy reveals that the Union did not choose such a solution.Then, dividing the study into two parts, the first assigned to conditional mechanism and the second assigned to governance, I’m asking the reason why a less legalized mecanism succeeded to conditionality. Based on cooperation agreements, strategic orientations, EU practice and the international relations theories, the study tends to reveal the assets and limits of the two strategies. It appears that the legalization process of conditionality can be explained by specific needs but it encountered various limits. At the same times, while strategy based on Governance adresses some of them, this new tool reveals new questions.
Doctorat en droit
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Sohier, Jérôme. "Système électoral, Etat particratique, régime représentatif :dix propositions pour réformer la démocratie belge." Doctoral thesis, Universite Libre de Bruxelles, 2021. https://dipot.ulb.ac.be/dspace/bitstream/2013/325437/6/TDM.pdf.
Full textDoctorat en Sciences juridiques
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Tkatova, Rima. "Approches post-soviétiques du droit international : essai sur le renouvellement de la doctrine et de la pratique internationales." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30067.
Full textInternational law is a « common language » but the vision of international law is far from being universal. It is a « multiplicity of particular national, regional, individual, institutional visions of international law. One can speak of the existence of regional American, Latin American, European, Asian, African approaches of law, but what about the geographical region of the former Union of Soviet Socialist Republics? In the XXth century one spoke about the Soviet conception of international law, which was a complex phenomenon, having its roots in the Russian legal school, combining the multiculturalism of the Russian Empire and the Soviet state and causing the division of the world into two blocks : Western and Soviet. For over twenty years that the Soviet Union no longer exists and the former Soviet states became independent and sovereign actors in the international arena. Can we therefore speak today about the existence of national approaches to international law of each state of the former USSR ? The objective of this thesis is to present the current state of doctrine and practice of the post-Soviet international law, considering the renewal of approaches of foreign policies of the post-Soviet states, and doctrinal concepts of international legal scholars. Does the post-Soviet doctrine of international law exist ? The contemporary international law is faced with challenges such as regionalization, globalization and the establishment of the rule of law in international law. Faced with these challenges, the doctrine and practice post-Soviet international law have been renewed. What approaches the post-Soviet states adopt in response to the contemporary challenges of regionalization, globalization and the establishment of the rule of law in international law?
Kudada, Banza Damien. "Logiques et contraintes de l'intégration politique en Afrique centrale: la théorie de la justice de John Rawls à l'épreuve de la réalité africaine." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209696.
Full textDevant ce constat amer, nous nous sommes proposé de réfléchir en profondeur sur la théorie de la justice politique de Rawls en vue de nous imprégner de principes susceptibles de garantir les droits et devoirs fondamentaux des citoyens et des peuples bien ordonnés.
Nous avons ainsi examiné les conditions de possibilité de l’application de la théorie de la justice politique de Rawls pour une intégration politique réussie à l’échelle interne, en République Démocratique du Congo, et au niveau international ou supranational des Etats de l’Afrique centrale. Il ressort que la mise en place des institutions politiques, économiques, socioculturelles viables, de l’Etat de droit et du modèle de la démocratie représentativo-délibérative constituent, à notre sens, des préalables indispensables en vue de postuler, à un second niveau, une intégration politique supranationale dans la sous-région de l’Afrique des Grands Lacs caractérisée par des guerres récurrentes interétatiques. Les principes rawlsiens du droit des peuples peuvent aider à repenser la politique étrangère des pays de la sous-région de l’Afrique centrale et celle des organisations supranationales existantes.
Néanmoins, nous avons soutenu que l’application de certains principes rawlsiens du droit des peuples, comme celui du respect des traités et des engagements, nécessite que ceux-ci soient signés au sein d’une « fédération pacifique » des Etats. En effet, dans l’entendement d’Emmanuel Kant, des traités signés dans une « fédération pacifique » mettent fin à la fois aux guerres présentes et futures.
Dans cet ordre d’idées, nous avons souligné qu’une « fédération pacifique » des Etats pourra créer un cadre important pour l’émergence d’une « communauté de sécurité » au sens deutschien du terme, nécessaire pour la paix durable dans la sous-région de l’Afrique des Grands Lacs. La « communauté de sécurité » préconise que les Etats entretenant des relations réciproques ne recourent pas à la violence physique et règlent leurs problèmes par des « mécanismes de changement pacifique ». Dans cette logique, la guerre n’est plus facilement envisageable. De plus, nous avons estimé, en nous inspirant d’Habermas, qu’il est pertinent que les pays de l’Afrique centrale s’engagent sur la voie de l’« afrofédération », assurant la transformation des traités interétatiques conclus en une Constitution politique que chaque Etat de la fédération devra respecter.
Doctorat en Philosophie
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Zaradny, Aude. "Codification et Etat de droit." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020024.
Full textSince its origins, the codification has always been officially carried out in order to ensure the accessibility and intelligibility of the norm, as well as the legal security of the individuals. This teleological conception of the codification is corroborated by the contemporary political views which associate it, more generally, to the Rule of law to which it is supposed to contribute. The only recurrence of this assertion is not sufficient to prove its relevance. That is why, based on the rule of law and its many facets, it is necessary to proceed first to the conceptualization of the codification. It is the sine qua non for a reliable study of the Rule of law as being the aim of the codification
Castillo, Vaquera Jorge Galileo. "Administrer et judiciariser la gestion des conflits électoraux au sein des institutions électorales : Etats-Unis 2000-Mexique 2006." Thesis, Paris 3, 2009. http://www.theses.fr/2009PA030070.
Full textThe intervention of the judiciary power to solve a ballot in last resort, arise several problems concerning the progress of the representative democracy, and even a paradox: the principle of the democratic representation by an indirect vote of the citizens can be put forward by the judiciary interpretation on the meaning of the ballot's votes. At the same time, the intervention of the judiciary as an independent power constitutes a guarantee of impartiality for the political resolutions, seeking to reinforce the trust of the main social and political protagonists about the electoral administration. We are also faced with the problem of the political rationality versus the legal rationality, constantly put forward during electoral conflict contemporary processes as essential protagonists but nearly antagonistic ones, by the fact that they pursue close but distinct interests
Sompougdou, Ouéoguin Jean-Marie. "L'alternance démocratique dans les constitutions des Etats de l'Afrique noire francophone : cas du Bénin, du Burkina Faso et du Sénégal." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0350.
Full textAt present cases Burkinabè, Beninese and Senegalese, we propose to analyze the constitutional and electoral rules that determine the mode of accession and the exercise of state power. It raises the question of the role of these rules and these institutions in the avenue of the democratic alternation and that of the social environment and the policy of the audit and the authority of the constitutional judges in its advent or his questioning on the other hand. The United States has, in fact, opposed standards and institutions. They have been authenticated by democratic electoral institutions. This is a new time of a new constitution, is this is a self-review, as to it, as work of the building of the edition of 1990, as-it-it-it be carriers of institutions able to promote the occurrence of democratic alternation. As we can see, the constitutional order is today constantly paraded. The constitutional impulse that has propelled states towards the path of constitutional democracy has halted or slowed down in many states in favor of a pregnant presidentialism, but it is also observed that 'democratic alternation has been experienced, democratic conquests have not have not been followed by the satisfaction of the social demands that have yet been inspired. The Thesis, while finger-pointing on the flaws of normal and institutional, so that the manipulations are directed towards norms, also insists on the figure of the constitutional judge
Ben, Nefissa Sarah. "Islam, autorite et etat : l'exemple tunisien." Paris 1, 1986. http://www.theses.fr/1986PA010262.
Full textBonnard-Plancke, Laetitia. "Droit et démocratie sociale : contribution à l'étude des rapports entre démocratie sociale et organisations syndicales." Lille 2, 2004. http://www.theses.fr/2004LIL20020.
Full textCrisis of the legitimacy of the welfare state, crisis of the co-management, crisis of the trade-unionism, crisis of the social democracy. The use of the word " crisis " can't be under any illusion and can't let us think that it may be a recent phenomenon. This research supposes that the difficulties the social democracy are coming up against today took their roots in the origins of the trade-union rights. The 21 march 1884 law legalized the trade-union by calling it legal entity. It created the conditions of the gap between the salaried employees and their representatives. This gap kept on increasing so much that it questioned about the foundations of the social democracy and about the role given to the trade-union organizations too. It contributed to make us see the social democracy just as a co-management. The in-progress reform of the dialogue between employers and trade-unions forces the management and the labour to reconsider the basis of collective negotiations and my allow this social democracy wich keeps on looking for legitimacy to be revitalized in the long run
Djessima-Taba, Jean-Urbain. "L' Etat rationnel hégélien : propédeutique à la démocratie en Afrique." Paris 1, 2004. http://www.theses.fr/2004PA010525.
Full textLeylavergne, Hélène. "Démocratie locale et citoyenneté en droit public français." Lyon 2, 1998. http://www.theses.fr/1998LYO22016.
Full textThe aim of the thesis is to demonstrate that French public law emphasizes the principle of local democracy by giving to citizens the possibility of taking part in the process of local decision making. Howewer in this field law produces its own limits as the representative system is also used at the local level and forbids direct democracy. And public law never definies what is a citizen unless as an elector. From these contradictions and unclearness grows an hazy law which does not give to the citizen any legal safety as local democracy is concerned. The thesis is organised according to the level of the citizen's integration according to the law in the local decision process. The study deals with the right to informations, the right to be consulted, the right to be associated to the decisions and the right to stand against local public decisions
Vieira, Julien. "Éco-citoyenneté et démocratie environnementale." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0760/document.
Full textGenerated by the impact of human activities on the environment and without ever really being a notion explicitly consecrated by the law, eco-citizenship appears in many legal norms. Ambivalent, this notion suggests both a set of rights of which the public is creditor and a responsibility of the latter with respect to the environment.Starting from this duality of complementary values, the human right to a healthy environment is materialized by the recognition of a right of access to information, of participation in decision-making and access to justice. Thus, the law increasingly provides that the acceptance of decisions depends on the active support of citizens. The development of participatory democracy in the field of planning and sustainable development is indicative of a paradigmatic transformation. In effect, while preserving certain classical modes of public action, the law develops new concepts and organizational schemes that accompany this evolution which has not yet been completed.Whether it is influenced by social phenomena or spontaneously developed, environmental law gradually reveals the role of the citizen in the form of recourse to the courtroom but also by the evolution of the non-contentious administrative procedure. Centrally founded on the study of French environmental law as well as on several comparative incursions, this thesis is also based on sociology, philosophy or political and administrative sciences. This academic work intends to address the way in which the law takes into account the imperative of eco-citizen participation
Malanda, Ange-Séverin. "Etat, empire et droit dans l'oeuvre de dante." Toulouse 2, 1993. http://www.theses.fr/1993TOU20019.
Full textAnalysing the medieval structures of knowledge and dissociating dante's political theory from those of ecclesiastical authorities, this work results in a philosophical and historical approach. It questions a plurality of discourses, of narrations, of institutions, and events of antiquity, middle ages and the modern era, and caracterises certain "enjeux" of the renaissance of roman law at the time of dante. Assuring the promotion of human rights and the imperial ideal without surpassing all the themes of theology, dante at least was moving towards an understanding of human history. The thesis is composed of four parts. The first studies the medieval intellectual structures and explores the theological domains organized by augustinism and by those who assimilated the works of aristotle. The second part evaluates dante's sayings on the subjects of law contradicting the theocratic ideal. The third part evokes the relations between medieval doctrine of the state and the idea and the image of the church. The fourth part considers dante's historical conscience and the question of paradise
Bensaid, Bruno. "Les droits des malades et la démocratie sanitaire." Paris 8, 2006. http://www.theses.fr/2006PA082368.
Full textParadoxically, when the understanding of human diseases is greater than ever, and even though physicians provide far better medical care than in a remote past, medicine is being criticized by the public who is becoming more and more demanding. Patients want to understand how their sickness will affect their lives. They also wish to be involved in the decision making process. They wish to be able to negotiate with their physician and to participate in the handling of their illness. To achieve this goal, several dimensions of care must be improved, such as the respect for patients' needs and access to full information about the care delivered. Transparency has always been a leitmotiv of patients associations. Political and social pressures generated by the States General of Health elevated the individual, as well as collective rights, namely with the concept of “democratie sanitaire”, to a position that it had not previously held, and lead to the consecration by the law of patients' rights access to their medical records
Jebbar, Abdelhak. "Politico-religious beliefs of islamist partisans and the possibilities of a future Islamic State in Morocco : Jamaat Al Adl Wal Ihsan et Hizb al Adala Wa Tanmiya." Thesis, Nice, 2013. http://www.theses.fr/2013NICE2023.
Full textThe legitimacy and the possibility of concretizing a future Islamic state or government is what this thesis is trying to investigate by means of highlighting perceptions of Islamist partisans belonging to two different politico-religious groups; one is approved by the state whereas the other is not. Within the general framework of socio-cognition and anthropology, and in the light of the presence of an inevitable and absolute belief held by Islamist partisans about the Islamic state, this thesis studies the compatibility of these Islamists’ perceptions with the concepts widely acknowledged as modern, as embodied, for instance, in democracy, separation of powers, elections, partisan multiplicity…The relevance of this study lies in its anticipating the presence of a future state to be based on Islamic law, and the current presence of some Islamic governments or governments led by Islamists, in the Arab world, stand as an evidence to such an anticipation. The thesis, hence, adopts a multidisciplinary approach based on starting, first, with an anthropological ground through which observation of partisans from the two politico-religious groups is meant to trace how the Islamic state as a belief can be transformed into a future project. Second, a socio-cognitive study based on a questionnaire, which is in its turn in the form of an interview, is meant to statically highlight the possibilities of achieving a future Islamic state with a modern constitutional system where individual freedoms and minorities’ rights are respected and accepted. The two approaches are complimentary in the sense of their hunting for an answer to the question: Is it possible to concretize a future Islamic state with a modern constitutional system generally based on acceptance of human rights and freedoms in the light of the presence of an inevitable and absolute belief in such a state, adopted by partisans of these politico-religious movements? The conclusions drawn from this thesis, which serve as an answer to the question, confirm, through the anthropological and statistical data, that a modern Islamic state is possible in the future, especially with the presence of Islamist partisans who are ready to undergo a conceptual change regarding some of their believed-to-be non-modern thoughts. Accordingly, the thesis recommends, especially proportionate to the non-approved politico-religious group, to start an open and sincere discussion, from the part of the state, in the presence of moderate perceptions of a modern Islamic state, held by a number of non-approved partisans
Dilmi, Messaoud. "Etat et politique dans la pensée islamique moderne (19ème et 20ème siècles)." Thesis, Paris 3, 2012. http://www.theses.fr/2012PA030029.
Full textOur research deals with the subject of the State in 19th and 20th century Islamic modern reformist thought in accordance with a multidisciplinary approach. Islamic reformism has fought against despotism, ignorance of the populace and European interference. It was open to constitutionalism which is not different from the Shura system and goals of the Shariia. The thinking of Muslim theorists took shape within this framework, at least for a while before Islamists decided to break with it. Later, Islamists relations with both Arabic nationalism and liberal thinking, indeed with the Nation-State as a whole, became conflictual.Thus, two points of view concerning the nature of the State, the limits of power, legitimacy, and essentially the very controversial relationship between the Nation State and religion confronted each other. This relationship remained ambiguous for a century. The product has been a Nation State that is neither religious nor secular, but which has modernized the law by borrowing from the Western judicial system, without, however, applying real democracy able to respect human rights and citizenship. A de facto, secularism does exist on an individual and social level in Arab-Muslim countries without influencing the dogma, despite attempts at modernization. But from the 1990s on, a neo-reformist current of thought has emerged, which accepts democracy and sovereignty of the people. This will constitute a big turning point in Arab-Muslim political thought
Salas, Cardona Juan Camilo. "Démocratie pluraliste et droits des minorités." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00772744.
Full textJean-Louis, Levenson. "Etat de droit et politiques de développement économiques en Haîti." Nice), 2009. http://www.theses.fr/2009NICE0018.
Full textIn a democratic regime the structure of the State aims to protect the people against all excess or abuse of power from the leaders. This regime must, guaranty public freedom and prevent agents of power to trespass upon individual and social civic rights. This conception of democracy stems from the certainty that it is centered around human development; it also efficiently contributes to the growing of the collective participation as well as the progression of community life. Of course the politics surrounding the economy must create productive employment in order to reduce poverty in Haiti and to develop solid means of subsistence. Furthermore, they must limit the desagrarisation phenomenon by promoting local agrarian production with a stronger support to the rural population and an equal distribution of revenue. This is not a matter of sectorial reorientation, but a much more deeper reorientation that would put production, productive capacities and productive employment at the heart of the politics favouring the development and the reduction of poverty in the country. ……
Manganguéla, Bertille. "L' Etat, la justice et les justiciables au Gabon." Paris 1, 2002. http://www.theses.fr/2002PA010329.
Full textMerchant, Jennifer. "L'intimité publique : Etat et procréation aux Etats-Unis, : 1965-1994." Paris, Institut d'études politiques, 1997. http://www.theses.fr/1997IEPP0003.
Full textBarnaud-Meyer, Sarah. "Marx et la question de la démocratie." Thesis, Paris 4, 2008. http://www.theses.fr/2008PA040062/document.
Full textOur research calls forth three reassessments : Marx’s theory of history does not expel politics, rather it raises democracy as the issue of modern times; communism does not dismiss democracy but actualizes it; it is not the dictatorship of the proletariat that poses a problem but society’s constitution into a political subject. Already in his first works, Marx criticizes the differentiated sphere of politics for the sake of immanent politics since democracy is not a form of the modern state, but what surpasses the diremption of the community.The democratic state is an oxymoron; true or real democracy is communism. The democratic state is condemned to remain formal without the socialization of the means of production, and communism is condemned to a dictatorship of the needs without the socialization of politics. The issue of democracy the way Marx states it therefore provides a main thread for hermeneutics and political analysis. Remains the precarious process of realizing democracy. The dictatorship of the proletariat is an expansion of democracy against the state, but the dialectic of revolution did not lead to a decisive subjective moment. Yet democratic societies tend toward socialization and endure the conditions of impossibility for fair politics: a marxist stand thus unfolds democracy as an issue and puts into question the closure of the Machiavellian moment
Rouyer, Muriel. "Droit et démocratie dans l'Union européenne : le constitutionnalisme comme voie d'accès à une démocratie de grande échelle." Paris, Institut d'études politiques, 2002. http://www.theses.fr/2002IEPP0047.
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