Dissertations / Theses on the topic 'Droit électoral'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droit électoral.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Bouhayoufi, Aziza. "Le droit électoral de l'entreprise." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2055.
Full textCompany’s electoral law is a law in the process of development. Largely influenced by the election political law, it appeals to specific mechanisms. The particularity of company’s elections imposes the introduction of appropriate rules. This is what both the legislator and the Court of Cassation are attempting to ensure. But the major specific feature of these elections complicates the construction of a law in a clear and coherent manner. The company’s professional elections have numerous functions ; they allow employees to choose their representatives and since the law of August 20th, 2008 on the renovation of social democracy and the reform of working time, they also enable to measure the representativeness of trade unions, allowing the latter to negotiate collective agreements. Company’s electoral law has to take into account too many elements. It should articulate different functions of professional elections in the company and take into account organizational framework and issues specificities, which makes it an imperfect law
Joumblat, Ghazi. "Le régime électoral actuel au Liban." Montpellier 1, 1985. http://www.theses.fr/1985MON10068.
Full textThiébaut, Maxime. "Réflexions sur les règles de financement des campagnes électorales." Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCF007.
Full textThe judge of the election knows new powers since the laws of March 11, 1988 and January 15, 1990. While his main role is – above all – to ensure the regularity of the electoral operations and the sincerity of the ballot, he ensures – since – the respect of the rules relating to the financing of the electoral campaigns. Capping election expenses and donations, together with the obligations to use a financial agent, to open a single bank account retracing all financial operations, or to establish a campaign account, make up this technical regulation and sometimes distressing for the candidate. A candidate whose concept remains indefinite, with regard to a field of application of the composite rules, and who has seen for thirty years the intervention of the legislator, which has complicated rather than clarified legislation whose primary purpose is to ensure the equality between the candidates. This legislation has also been accompanied by public financing of political life, based in particular on the obligation of the legislator to develop a system of control that is both extra-jurisdictional and jurisdictional, but with shortcomings in view of the reality on the ground and the need to justify any public expenditure. In the face of current challenges, this thesis – beyond the reflections expressed and developed – also formulates proposals on the scope of the rules, on the evolutionary notion of candidate, or on the efficiency of the control of the campaign account. The ideas put forward strive to respond to the need for proximity and comprehensiveness of control, particularly with regard to new technologies. This thesis also proposes a new methodology of work, based on the horizontality before the office of the judge of the election ; and in the face of the question of the development of a public electoral order, it raises various difficulties of jurisdictional procedure and decision
Buffet, Séverine. "Le contentieux électoral devant les juridictions administratives et le Conseil Constitutionnel." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_buffet_s.pdf.
Full textElectoral disputes represent an essential element of any democratic state. Since the 5th Republic establishment, the control of the political elections falls within the competence of administrative courts and of the constitutional Council. A comparative study between the Constitutional Court and the courts of the administrative branch reveals they both have jurisdiction as to matters arising before the elections and to disputes related to the results of the poll. Nevertheless, this judicial plurality, source of complexity, supports the rule of law. Beyond diversity, a unity emerges from electoral proceedings: first of all, offices of constitutional and administrative judges are quiet similar, as far as the electoral lawsuit is concerned. Moreover, the rules of procedural techniques present strong similarities. However, some differences remain. As a result, the modernization of electoral proceedings seems to follow a more thorough unification, in order to increase the protection of individual interests
Lamouroux, Sophie. "Le contentieux des actes peripheriques en matiere electorale." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32004.
Full textDompnier, Nathalie. "La clef des urnes : la construction socio-historique de la déviance électorale en France depuis 1848." Grenoble 2, 2002. http://www.theses.fr/2002GRE21021.
Full textBockondas, Serge. "L' ONU et l'assistance électorale." Paris 1, 2002. http://www.theses.fr/2002PA010326.
Full textSohier, 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
info:eu-repo/semantics/nonPublished
Gauthier, Stephan. "Le juge judiciaire juge électoral : vers une harmonisation du contentieux des élections." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32022.
Full textElection judges jurisdiction is frequently overlooked insofar as elections under their security do not concern political mandates. Election law is classically considerred as a branch of the French constitutional and administrative law. Election processes were traditionally used for political purpose only. The election code confers the control of ballots upon the public law. Administration and constitution judges carry out an election judge function ; their rulings frequently lead to the definition of principles and techniques used in that area. However, democratization has been expanding to most economic and social sectors. Judiciary judges, on the other hand, have jurisdiction over private elections. This work is based on the following two parts. The first one deals with jurisdiction al matters of judiciary judges. Therefore the scope of their jurisdiction relevant election comittees and dispute settlement procedures are analyzed. Part two tackes the question of how election disputes are solved. The way to tackle with election dispute is similar to all election judges proving thereby that election law is a body law per se. The complexity and originality of the French election law are due to the distribution of powers between election judges, to the variety of election laws and to the special role performed by the election judges. Election law is mostly a pretorian one thanks to which election judges are endowed with a significant discretionary power. This study demonstrates that judiciary judges are genuine election judges trying to unify the election control in accordance with the election code. However, judiciary judges have few opportunities for action. As a result, I suggest that reforming the election code is both required and desirable
Augé, Philippe. "La législation française sur le financement des campagnes éléctorales : contribution aux recherches en droit électoral." Montpellier 1, 1997. http://www.theses.fr/1997MON10010.
Full textThe regulation of the financing of electoral campaigns, an essential part to democraty, has long been inexistent in france. The reason for such a lack is to be found in a tradition hostile to the intervention of the law-makers in this area. The regulation eventually materialized under the pressure of both measures taken abroad and some domestic political scandals. Parliament, however, could no limit its action to electoral campaigns exclusively. It had to pass several law in 1988, 1990, 1993, 1995 and 1996 successively on this issue as well as on the question of the financing of political parties along with the openness of patrimony. This study aims at presenting the principles and rules provided for in these various texts. It equally strives on the one hand to give an assessment of their appropriateness to the goals pursued, and on the other hand to make suggestions as to necessary modifications regardless of the very difficulty or even the utopian view to genuinely moralize the political life
Fichet, Guillaume. "L'encadrement constitutionnel du découpage des circonscriptions électorales. Etude de droit comparé." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020071.
Full textIn the framework of representative democracies, the electoral redistricting aims to give jurisdiction to the election of members of parliamentary assemblies. Far from being a neutral and purely administrative measure, as evidenced by the tormented history of gerrymandering, this operation has many consequences on the fairness of election results, the balance of power between political parties, the formation of governmental majorities, and furthermore on the representation of interests, ideas, and values. In connection with the ongoing evolution of mentalities, the principles guiding the implementation of electoral constituencies are experiencing, in the continuity of secular change of government forms, a new metamorphosis tending to bring the people and the government closer together, so as to ultimately reach citizens’ expectations. Thus, electoral districts are expected to be in line with a more ambitious vision of equal representation, which requires not only voting equality but also effective representation and delimitation of parliamentary constituencies subtracted from pressures of political power. This trend, which is common to several legal systems, opens the way for a comparative study focused on four countries with different electoral traditions: the United Kingdom, Canada, the United States of America, and France. Beyond conventional opinions, it will be possible, at the intersection of law and politics, to bring out the many implications that these mutations induce on the consistency of electoral constituencies, on the nature of political representation and, ultimately, on the strengthening and renewal of democracy
Desfougères, Éric. "Le contrôle des campagnes électorales par les autorités administratives indépendantes." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10185.
Full textThe supervision of election campaigns by independent administrative authorities (i. E. Opinion poll commission, audiovisual successive authorities, national accounts and political funding commission) respects the requirements of the existing legislation on this matter. The composition of these independent authorities (mainly magistrates) as well as the investigation procedures and the decisionmaking process give - at least formally - a quasi-judicial impartiality to the supervision. Nevertheless, the jurisdiction given to these authorities to elaborate the rules concerning election campaigns without having the power to sanction their violations and the strong influence of the state organs on the working of these authorities give rise to doubts concerning their political neutrality. The supervision of electoral campaigns is still perfectible. The supervision authorities are still focusing to much on the official campaigns. Also, not enough consideration is given to the use of new media. Overall the co-existence of several distinctive independent administrative authorities with the jurisdiction of the regular courts on the electoral campaigns could create conflicts of interpretation of the existing electoral legislation
Langlois, Deschamps Paul. "Le droit de vote aux États-Unis : Un droit subjectif à l'épreuve de la complexité fédérale." Electronic Thesis or Diss., université Paris-Saclay, 2024. http://www.theses.fr/2024UPASH014.
Full textFor the last two decades, the right to vote in the United States has been the focus of intensifying controversies. Exercising this right is yet fundamental in contemporary representative regimes claiming to be democratic. In these regimes, the people, as an electoral body, selects its representatives through the vote. In this work, we investigate whether the right to vote, as guaranteed today in U.S. federal law, allows for the rotation of parties in power, which, through a minimalistic lens, we see as the ultimate democratic characteristic. We then use the concept of subjective public right, as coined by Georg Jellinek, to shed light on the right to vote. We point to two essential aspects of the right to vote in its democratic function: to guarantee that individual voters are able to cast their vote, but also that these votes, through their aggregation, generate tangible electoral effects. It is therefore paramount to examine all the steps of the electoral process in the light of the subjective public right concept, from voter registration to the redistricting of constituencies. In doing so, we demonstrate the centrality, in a ‘representative democracy', of guaranteeing subjective electoral rights at every step of election organization. We chose to focus on the United States as we see several interesting elements in the American context: federalism, a constitution lacking textual protections for the franchise and the wealth of caselaw regarding the right to vote. Due to the complex normative architecture of the American electoral system, the role of judicial review is key. Indeed, the legitimacy of judicial review for guaranteeing the democratic process is widely acknowledged. If we confirm this intuition, we show that the right to vote is nonetheless in peril when judges perceive it as a second-class right
Mbassi, Bedjoko. "Élections, alternances et stabilité en Afrique centrale : le droit électoral et les pratiques politiques." Paris 1, 2008. http://www.theses.fr/2008PA010258.
Full textTaghizadeh, Doughikola Javad. "Essai sur le droit iranien des élections politiques par comparaison avec le droit français." Paris 1, 2005. http://www.theses.fr/2005PA010261.
Full textFaupin, Hervé. "Le contrôle du financement de la vie politique, partis et campagnes." Paris 2, 1997. http://www.theses.fr/1997PA020077.
Full textFor years, governments have not set the rules to provide funds for the financing of the parties and the politicians in the electoral process. Nowadays, most democracies have enacted laws to regulate their national system of political finances. The first part of the thesis presents the comparison of the legal frameworks between several foreign countries : the united states, germany, italy, canada, belgium, etc. Due to a call for openness in the financing of political parties and politicians, these recent legislations are based on similar principles. Control of political finances seems rather deceptive. The second part deals with french legislation. Several laws have been passed so as to establish a control of political finances. Due to this, french lawmakers have devoted considerable attention to this area : funds used by parties and politicians are theoritically scrutinized; jurisdictions can impose sanctions on guilty candidates. The third part studies the effectivness ot the new laws enacted in france since 1988. Despite some improvements, several aspects of the system of legal control are still questionable. However, regulations is necessary and must be kept
Sutter, Anne. "Les usages politiques du droit électoral au Mexique : de la gestion du changement à l'intériorisation de la continuité : le cas de la réforme électorale de 1996." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32077.
Full textAt the beginning of this research, there is the will to investigate the strong investment of Mexican political elites in electoral law. Several electoral reforms have been carried since the beginning of Postrevolutionary regime in 1917. We wanted to renew the study of this phenomenon which has been so often examined by researchers. We tried to archieve that aim replacing the dominant analytical frame: a neoinstitutional paradigm in which electoral reforms are interpreted as incremental pathes toward democracy, by the analysis of political uses of law. This choice leaded us to think the relationship between electoral reform and political change focusing on the actors, not on the regime. We took distance with dominant problematics such as: what kind of party system will replace the dying hegemonic party system? In order to understand better why the actors are appealing so frequently to electoral reform, which we defined as a moment when rules of the games are negociated. We defined the change both as the results of a competition to lay down political rules of the game and the actors that can compete in it, and as the result of a work on the conceptualization of political space (changes in the way of doing and thinking politics). We studied the 1996 electoral reform and a legal status to be precise: the National Political Group. If, from the point of view of the actors, the main stake of the reform is political regime change, studying the uses of law allowed us to show that codification is all the more a priviledged time for socializing political elites to cognitive schemes linked with the ancient regime and maintain continuities
Roure, Sandrine. "La notion constitutionnelle d'électeur : essai d'analyse de la jurisprudence constitutionnelle et électorale." Montpellier 1, 2004. http://www.theses.fr/2004MON10049.
Full textNgango, Bernard. "Le droit des élections politiques au Cameroun : suffrage universel et démocratie." Paris 1, 2003. http://www.theses.fr/2003PA010328.
Full textDaugeron, Bruno. "La notion d'élection en droit constitutionnel. Contribution à une théorie juridique de l'élection à partir du droit public français." Paris 10, 2009. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D86.
Full textAll the indications are that legal practitioners are fully familiar with the notion of election due to its close association with multiple concepts of constitutional law: politics, democracy, representation, universal suffrage, power, legitimacy, citizenship, authority, majority, responsibility, etc. , so many evocative terms which structure constitutional theory and practice. However, the question remains as to whether these associations are well founded? What does an election express? The will of the people? But is it not simply an expression of what others want on the people's behalf? Does it have a function in the theory of the State? Viewed from the standpoint of constitutional law, the questions raised by the notion of election no longer merely feature among the standard topics of political science such as access to the vote and the conditions of its exercise, dimensions within which it is all too often imprisoned. It highlights key issues which go beyond those of electoral law alone to touch on the fundamental concepts of the theory of law and the State: the people, the manifestation of its will, the exercise of its sovereignty, the legitimacy of its power, the opposition of representation and democracy. Legal analysis of election, for so long neglected, even constitutes a prerequisite to a more general consideration of political institutions while, at the same time, raising the question of the legal nature of political phenomena, that of the origin of consent to power and the history of its transformation
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
Chahine, Jawad. "Les lois électorales pour les élections législatives dans les pays multicommunautaires : le cas du Liban." Nice, 2008. http://www.theses.fr/2008NICE0020.
Full textGueye, El Hadji Baye Ndiaga. "Histoire de la citoyenneté au Sénégal." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10003.
Full textCitizenship, here is a notion inherited from colonist which people should certainly be proud of in Senegal. It still remains one of the rare prides for Senegalese people to enforce in the economic and social context characterized by poverty and troubles that have some consequences on the democratic life in general. However, it seems to be threatened by electoral crises that have been happening periodically in the country. The latest one was in 2012 caused by the presidential election and for that the citizenship notion appears to be reprieved. It is therefore an opportunity for us to relate again its history throughout this study. It has been first practiced in the rare French institutes of Senegal by only some inhabitants during the colonial context where it started in the middle of the 19th century. And then it was juridically consolidated in the beginning of the 20th century on the occasion of the four communes fully accredited, before being spread out to all the nationals of the colony in 1946. When the country became independent, Senegalese people finally embraced the notion to make it their own in order to adapt it to the evolution of the political community rather than eliminate it
Siriyutwatana, Takoon. "Le contentieux des élections politiques en Thaïlande." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10020.
Full textThe fall of the absolute monarchy in Thailand does not mean the complete establishment of democracy in Thailand. Since the Siamese Revolution of 1932, democratization has not seemingly accomplished despite that fact that the constitution has been continuously revised and the current constitution is the eighteenth one. There are many possible reasons for this failure: the excessive influence of the Royal Thai Army, the political intervention of the former power, the economic and social gap between the elites and the lower-class, and the inability of parliamentary representatives. In addition, the more important fact is that the legal system and the functioning of the courts create these difficulties, in particular, concerning the electoral litigation. As one of reasons for the political failure, the election has also been questioned at the issue of its sincerity and people’s political rights and liberties. Does “the control of the political elections” really keep the electoral sincerity and sufficiently ensure political rights and liberties of the people? How the democratization of Thailand can be carried out under the contemporary legal system and this political context? What will the future of the Thai political system look like? The answers to these questions are in the study of the legal regime of political elections and of the functioning of the courts in electoral system
Pilet, Jean-Benoît. "Réformer le système électoral en Belgique: une mise en cause du modèle consociatif ?l'analyse des fondements de trois réformes électorales débattues entre 1990 et 2005." Doctoral thesis, Universite Libre de Bruxelles, 2006. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210759.
Full textTron, de Bouchony Louis. "La communication des collectivités territoriales en période électorale." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32024.
Full textFor the sake of the transparency of electoral funding, a better use of public subsidies and the equality of all campaigners, the legislator has gradually put together a legal framework that deeply affects all communications of the territorial communities during the electoral timeframe. Communications during electoral timeframes are therefore restrained, but collectivities can nevertheless fully exercise their role in the area of public local information. The first part puts in evidence the numerous restrictive aspects of the applicable rules, whose respect leads to guarantee the principle of equality between the various candidates. In the second part, the possibilities offered to regions to communicate in this sensitive period are highlighted. Within respect for the rules of caution, the local institutional communications can meet the expectations of their initiators and beneficiaries. The general conclusion highlights the necessity of adapting the rules to the evolution of our means of communications. It also tends to revalue the electoral laws which, by supervising the communications of regions in electoral periods, ensure an undeniable legitimacy. As a result, by insuring equality in the means the candidates have and therefore contributing to guarantee the principles of democracy
Coupez, Pascal. "Les candidatures aux élections présidentielles depuis la révision constitutionnelle du 28 octobre 1962." Lille 2, 1995. http://www.theses.fr/1995LIL20002.
Full textJust before French People are voting for a new president and after they agreed in a referendum nearly 35 years ago (on the 28th october 1962) with a constitutional law about the election of the president of the Republic through the direct universal suffrge, it is worth asking ourselves whether nmecanisms exist or don't exist to select the candidates standing for presidence of the Republic. The way getting at presidence of the Republic is a path strewed with traps, and the examination of the successive votes in 1965,1969,1974,1981 and 1988 makes it possible to classify the selecting processes for candidatures and to give a difinition of the written and not-written rules which govern these processes. The whole difficulty about a candidature for presidence of the Republic is that it is determined by mecanisls which fundamentally proceed from politics whereas their juridical components only are accessory : it depends on practics and behaviours that can't easily be brought under regulation with laws which are implying on the other hand they would also have themselves to be overstepped. After we have studied the juridical rules about a candidature for presidence of the republic eligibility, candidature, campaign, financing, we set up a typology of the candidatures : - General de Gaulle's mode of an individual candidature, allof from any party, under which rest diversified types of behaviours from the self-proclamation to the candidature up to the candidature of retiring presidents for a new mandate. - partizanship's model where candidates are selected by the partie
Verjus, Anne. "Les femmes, épouses et mères de citoyens ou de la famille domme catégorie politique dans la construction de la citoyenneté : 1789-1848." Paris, EHESS, 1997. https://tel.archives-ouvertes.fr/halshs-00003786v2.
Full textWhen seeking to place women in a political context in the first half of the 19th century, the reply appears self-evident : denied the right to vote, they are excluded from the revolutionary, universal and individual citizenship as defined from 1789 onwards. The fact of their exclusion, an objective truth, does not take into account their political situation as viewed during this period (from 1789 to 1848). Few historians or sociologists have considered the manner in which the electoral "cens" (taxpaying status conferring voting rights) of electors was calculated : it is presumed to be on an individual basis, that is on the basis of the sole property of the citizen in question. Since, not only does the citizen if he is married, pay the contributions in the name of the common household, but he can also, according to the laws passed from x to 1831 inclusive, include the contributions of other members of the family even if they are male and of legal age. The fact that during this period, the family was considered as a political unit brings us to reconsider people's situation, which cannot be grasped through a singular approach in terms of "voters" and "non-voters". It is as members of the family that women remain outside political participation. It is as "pater familias" that the citizen is vested with the individual right to vote in the name of the entire nation. Only by working on the implicit categories of political construction does a "famialistic" concept of suffrage emerge, a characteristic of the entire revolutionary period (1789-1848). It is therefore beyond the resolution of the so called "problem" of the exclusion of women, that we also find our current modified concept of the revolutionary political individual to be further evolved than once thought
Berte, Oumar. "La CEDEAO face aux changements anticonstitutionnels de pouvoir en Afrique de l'Ouest." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR015.
Full textThe Economic Community of West-African States is a sub-regional organization that was created in 1975, initially with a purely economic purpose. Since its inception, the organization has observed a clear principle of non-interference in its member-states” internal affairs. But since then, the recrudescence of coups that affected political stability in various member-states and economic development for the sub-region, have led the organization to operate a change in its doctrine and missions. Indifferent to the political regimes of its member-states, and their effect on Human rights protection, ECOWAS has been increasingly involved in conflict prevention and anti- constitutional changes in power. For ECOWAS, coups fall under its mission to promote and preserve sub-regional collective security. Since the 1993 revision of the Lagos Treaty that saw its creation, ECOWAS pays close attention to the inner working of its member-states” institutions, the legality and constitutionality of power transfers as well as the protection of Human rights. This dissertation deals with the instruments developed by the sub-regional organization to prevent and counter anti- constitutional power transfers. It pays attention to the progresses made as well the tools missing from ECOWAS’ legal arsenal. At last, this dissertation offers a set of proposals designed to improve the organization’s capacity to prevent and respond to coups threatening its member- states political stability and the region’s security
Javelas, Philippe. "Le juge administratif de l'élection : un juge qui gouverne ? Contribution à l'étude critique des pouvoirs et des méthodes du juge administratif de l'élection à partir de l'analyse du contentieux des élections municipales de mars 1983." Clermont-Ferrand 1, 1988. http://www.theses.fr/1988CLF10075.
Full textEl-Hajal, Chadi. "Le Conseil constitutionnel libanais." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_el-hajal_c.pdf.
Full textThe Lebanese constitutional Council was established to protect the Lebanese Constitution and ensure the compliance with its rules, in addition to the protection of the entity of the State and its existence, thus aiming to found a just State. This Council which characterizes the second Lebanese Republic is a judge and a savior. It becomes the pivot, as well as the starting point and the point of reference in any activity that tends to maintain the unity of the State, its coherence and its supremacy. In this thesis, we analyze the legal, social and possibly political contribution of the establishment of the constitutional Council in Lebanon, while identifying the following points: its competences, the changes it underwent, its role in the application of justice, its capacities, the challenges it faces and its relationships with the other authorities. The analysis is accomplished through a detailed comparison with the French constitutional Council and the related legal texts
Afo, Sabi Kasséré. "La transparence des élections en droit public africain, à partir des cas béninois, sénégalais et togolais." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40007/document.
Full textOften advocated in view of the abundant political and legal discourse of which it is the object, but at the same time and often subtly "torpedoed", “fought”, transparent elections are one of these meridian notions of modern times.Whatever form it may take, this Thesis is lifting the veil on this notion which is logically repeated, and somehow not well consolidated or being consolidated - in the internal legal order of the various States, particularly African States and which tries to make people aware that, in the analysis, such a consecration, or if any such consolidation, appears more embarrassed. In addition to this, a point of view of legal theory and practice, uncertainties arise, the double view of its nature and scope of legal, thus creating a climate of legal insecurity that it becomes imperative to quit Without any doubt, this recently field is seeking itself autonomy, and this concept , electoral law proves to be very formidable to understand. This modest contribution, consequently tries to answer all these concerns. In this perspective, the pioneering work of the Constitutional Court of Benin which erected electoral transparency principle to a value worth pursuing. Therefore, it is more of “a constructed” than a "given”. In any event, such a deepening should ensure coherence to public law and enhance legal certainty. This requirement is a fertile ground for the emergence and triumph of liberal democracy. A close look at it, it is able to perform the legal revolution dear to Montesquieu who could not, unfortunately, perpetuate the principle of separation of powers: the moderation of political power in the state
Tunali, Çiğdem Börke. "Essays on political economy." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAB013/document.
Full textPolitical economy is one of the sub-diciplines of economics literature. Political economists investigate the effects of political factors on economic outcomes. Institutions and the influence of different institutional structures on markets are among the main research areas of political economy. In the existing literature, the number of empirical analyses which investigate the determinants of institutions is low in comparison to the studies that focus on the effects of institutions on economic performance. Moreover, the analyses which examine the impact of culture, specifically religion, on institutions are scarce. Without doubt, religion can have dramatic effects on social and economic variables. Hence, the aim of this work is to investigate the effects of religion and religiosity on corruption, individuals’ happiness and voting behaviour. We contribute to the existing literature by providing new evidence and by focusing on the countries which are not analysed in the previous studies. [...]
Barakat, Rabih. "La participation politique des minorités nationales musulmanes en Europe." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA017.
Full textThe political participation of a minority protects her cultural identity and reinforces peace and integration in the state. In order to be able to enjoy full rights to political participation, the new European Muslim minorities have to be legally recognized as minorities and this must be done without requiring citizenship and long term residence. International institutions tend to consider that minorities no longer need these two criteria to qualify for minority rights. However, this trend is not followed by states. Political participation is a broad concept that includes all political institutionalized or informal activities. The effective participation of minorities requires their enjoyment of fundamental rights to freedom of expression, assembly and association and the right to vote, to be elected and access to the public service ( for citizens ). Real equality and effective participation of minorities require the adoption of affirmative action measures, which may concern the right to vote (representation) or the right to participate in decision-making (participation) through mechanisms such as territorial, cultural and functional autonomy. A wide range of international legal provisions (mostly declaratory or soft law) and state legislations promoting participation offer useful means to solve the problem. States can use them to generate the most appropriate system of minority participation in any state or minority context
Cojocaru, Corina. "Les régimes parlementaires et le mécanisme constitutionnel en Europe centrale et orientale : Albanie, Estonie, Hongrie, Lettonie, Moldavie, République tchèque." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010364.
Full textAmong the 17 countries from Central and Eastern Europe, only 6 are parliamentary regimes with a type of Govermnent of Cabinet : Albania, Estonia, Hungary, Latvia, Republic of Moldova and the Czech Republic, where the Presidents are being elected by the Parliaments and the executive power is bicephal. This mode of government is difficult to apply in practice in Central and Eastern Europe, since it raises certain questions in different countries, either because of the fact that the construction of a new political regime depended upon a sub-category of a post-communist model from the period of 1989 (initial, frozen and mature), or because of the fact that some countries do not have a veritable tradition of parliamentary democracy, as well as of the fact that the type of Government of Cabinet was more of a casual choice in the researched region, or because of the fact that the Parliaments from these countries do not have strong powers and a stable parliamentary majority (consequences of the type of electoral scrutiny). We have emphasized in this study the importance of the revision of certain Constitutions, especially in the Republic of Moldova (a country that had several political regimes since the independence proclamation in 1991) and the Czech Republic, as well as a redefinition of the interests of political actors, with a view to strengthen the legality over policy, by the consolidation of the role of the Constitutional Court, hereby defending the Constitution and ensuring a viable parliamentary system, based on real cooperation of all powers, where the Government does not present itself as the “absolute power” over the responsibilities of the Parliament
Flórez, Ruiz José Fernando. "Voter sans élire : le caractère antidémocratique de la réélection présidentielle en Amérique Latine, 1994-2016." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020062/document.
Full textIn the last 22 years, whenever Latin American presidents in office sought reelection they always achieved it save in cases of national economic collapse. Between 1994 and 2016, in the 18 democracies that make up the cluster denominated “Latin America”, 21 immediate presidential reelections were attempted out of which 20 resulted in success. The only exception to this electoral pattern took place in Dominican Republic, when in 2004 president HIPÓLITO MEJÍA lost his reelection amidst a profound economic crisis. The interpretation of this data indicates that the exercise of consecutive presidential reelections in the region has ruined electoral competitiveness, which is one of the basic preconditions for the existence of democracy. The chief cause of this antidemocratic phenomenon is the abuse of presidential power for electoral gain, which turns the head of State seeking reelection into an invincible candidate because of the exorbitant amount of resources that he has at his disposal to manipulate electoral results. There is also a correlation between the exercise of immediate presidential reelections and the progressive deterioration of democratic quality during the second and third terms of reelected presidents, as noted by the “Electoral Democracy Index”. In sum, the practice of consecutive presidential reelection in Latin America is a poison for democracy that is advisable to proscribe in a reinforced manner in constitutional texts, by means of eternity clauses that guarantee alternation in the exercise of presidential power
Erard, Jean-Yves. "Micro-sociologie électorale du Grand-Clermont." Clermont-Ferrand 1, 1985. http://www.theses.fr/1985CLF1D029.
Full textNakic, Laura. "Evaluation de la législation en matière de dépenses électorales : effets pervers et contraintes stratégiques pour les acteurs politiques." Nancy 2, 1999. http://www.theses.fr/1999NAN20004.
Full textThe aim of the thesis is to evaluate the effects of French legislation (particularly the act of 15 January 1990) on electoral spending and on the behavior of political actors, which is taken to mean election candidates. The question is in what way the legal constraints (ceiling on spending and limitation on means of communication) have caused candidates to modify their campaign strategies. The methodology of the study is based on two hypotheses. The first hypothesis considers the effects of the legislation, depending on the status of the politician. The study differentiates on the one hand between party candidates and freestanding candidates, and on the other between retiring or +cumulative; candidates and aspiring candidates. The second hypothesis deals with the effects of the law, depending on the type of election (national or local) and on the importance (general election or by election). As a result, by including all the national and local elections that have taken place within the country since 1992, this evaluation of the legislation forms part of a decidedly dynamic approach. The thesis consists of two parts which allow the argument to go beyond the two initial hypotheses without however discounting them. In the first part, we show that the aim of the legislators (to give equal chances to all) is directly countered by the facts and by the behavior of the political actors. The law in fact considerably adds to the inequality of their chances because it allows some candidates to make wrongful use of their experience to conduct their campaign and to mobilize the media. The legal framework and precedents help to redress the existing inequalities, but this only serves to limit the freedom of the political actors. The second part deals more specifically with campaigns on the ground. We show that all the politicians, whatever the nature of the election in which they are engaged, have adapted to the legislation in identical ways. Consequently, they are constrained by the same requirements (to register their political action over the duration) and they contribute to the standardization of the electoral campaign. By way of conclusion, the study proposes an account in terms of adverse effects and strategic constraints
Maïga, Issa Boncana. "L'organisation des élections et le respect des droits fondamentaux en Afrique noire francophone : cas des pays de la CEDEAO." Perpignan, 2007. http://www.theses.fr/2007PERP0769.
Full textAcceleration and variety of the changes, such is the expression which characterizes best the advent of the democracy in French-speaking Africa, as from the Nineties. Nowhere, the single party did not solve the complex problems by the emergence of completely stripped States, populated of a mosaic of populations culturally, linguistically and religieusement divided and sometimes even antagonistic. The popular disputes, the various movements of democratic claim, started from some countries, which were right of the dictatorships of the single party, extended gradually to the remainder from the African continent. No cultural or linguistic surface was saved by the democratic contagion. Thus, to reconquer its dignity, Africa approached a major turning of its history while reaching the democracy. Today, the democratic system is a political reality and is well anchored in the political practices in Africa. The elections are from now on impossible to circumvent and the vote for all proclaimed everywhere for the selections of the leaders and the national representatives of the people in the national parliaments. The voting rights can validly be exerted only so certain conditions are really joined together. Those hold at the same time of the electoral right into force and the material organization of the poll. However the anchoring real of the electoral process like method of selection of the leaders or the representatives in Black Africa remains fragile and the electoral experiments show indeed that the implementation of the electoral process is the enfiévrées controversy object many. The ones relate to the nature and the capacities of the body charged to lead and frame the electoral process. Others turn around a traditional and recurring topic, namely the suspicions of fraud surrounding the electoral or post-electoral operations. A thorough scientific reflexion on these various questions could undoubtedly lead to likely solutions `to improve unfolding of the elections in Africa
Vial, Victor. "Administration du territoire : contribution à l'étude d'une nouvelle structuration des circonscriptions électorales." Nancy 2, 1990. http://www.theses.fr/1990NAN20004.
Full textCojocaru, Corina. "Les régimes parlementaires et le mécanisme constitutionnel en Europe centrale et orientale : Albanie, Estonie, Hongrie, Lettonie, Moldavie et République Tchèque." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA01A260.
Full textSonon, Evariste Bivegnon. "Analyse des moyens nationaux et internationaux de contrôle du processus électoral en Afrique." Cergy-Pontoise, 2008. http://www.theses.fr/2008CERG0366.
Full textControl of the electoral process remains one of the political challenges related to the risk of slippages and post-electoral conflicts that Africa is facing at the beginning of the current century. One of the priorities of the new African constituents and political actors of the years 1990 was the establishment of a legal and institutional basis to oversee the electoral practice, long skewed by the interference of executive powers. To ensure equality among candidates and transparency of democratie elections, it was agreed to trust with neutral and independent bodies the organization and supervision of the process. The current study focuses on an analysis of various ways to control elections regarding the application of conventional and constitutional requirements relating to human rights. Our research primarily concems the evolution of the electoral process through some telling examples, and aims at evaluating some national tools of electoral processes monitoring. The widespread suspicion of partiality of national control bodies and election judges, leads to the suggestion of deep reforms domestically. The second part of the research highlights the commitment of the international community since the fall of the Berlin Wall in the promotion of democracy through the monitoring of elections. Organizing free and fair elections, duly certified by international observers has now become a pre-requisite condition for international aid grants. But proper follow-up of monitoring reports is still very limited for geopolitical reasons
Kane, Moustapha. "Etude des processus électoraux en Afrique : exemple du modèle démocratique du Sénégal." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0014/document.
Full textThe principle of democratic alternation to power is generally lacking in Africa. This stage, which is so important for the regular functioning of any democratic system, is acute in almost all African States. The legal and institutional mechanisms governing electoral processes in these countries suffer from enormous irregularities. The routinization of these electoral rules is not gained and the democratic process is in perpetual reconstruction. As a result, civil peace, security and political stability are often threatened. Except in rare cases where democracy is consolidated, the process of democratization in Africa is broken, which seriously affects the economic development of these countries. At all stages of the electoral process, legal, institutional and political disputes are resolved between the various actors involved. However, from a theoretical point of view, all the legal and institutional mechanisms enshrined recognize and guarantee the fundamental rights and freedoms of the citizen. But in practice, these standards are not effectively enforced. They are biased, used to respond to political ends aimed at personal interests. In a period characterized by political instability, legal uncertainty, uncertainty and electoral violence, as in Côte d'Ivoire, Central African Republic, Mali, Sudan, Guinea ..., Senegal reaffirms its commitment to democracy with two regular political alternations in 2001 and 2012. This exception to the Senegalese democratic model, though imperfect, is the work of the maturity of its people, which tirelessly struggles to safeguard democratic gains. It is also the result of the long progress of the constitutional evolution of the State of Senegal, its political history, its religious tolerance based on political secularism despite its limited economic progress
Parizot, Cédric. "Le mois de la bienvenue : Réappropriations des mécanismes électoraux et réajustements de rapports de pouvoir chez les Bédouins du Néguev, Israe͏̈l." Paris, EHESS, 2001. https://hal.archives-ouvertes.fr/tel-01539480.
Full textOllier, Sylvain. "L'observation internationale des élections dans la région de l'OSCE : Contribution à l’étude de l'effectivité du contrôle électoral international." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10014.
Full textSince the end of the Cold War, international election observation has grown exponentially worldwide and especially within the region formed by the 56 participating States of the Organization for Security and Cooperation in Europe. Due to the concomitant action of multiple and heterogeneous actors, this activity is characterized by the development of various procedures for inter-institutional cooperation but efforts are still needed in order to always ensure the consistency of the message delivered. The control operated is based on a wealth of international legal and political commitments which constitute a genuine international electoral law, constantly enriched by the dynamic jurisprudence of the European Court of Human Rights. The methodology underlying the assessments made by the observers has acquired a high reliability and these succeed in most cases to avoid the trap of politicized findings. However, the impact of electoral observation missions remains unequal, undermining the effectiveness of the whole control mechanism. Many devices, whether technical, political or judicial, exist for the follow-up of recommendations, but their implementation often reveals a lack of rigor. In addition, if the mechanism of democratic conditionality established by the European Union can effectively relay the findings of election observers in the context of the accession procedure, it suffers from an inconsistent application in the field of European Neighbourhood Policy. It follows a marginal influence of international election observation on authoritarian states of the OSCE area
Ghemmaz, Malika. "Des Portugais en Europe du Nord : une comparaison France, Belgique, Luxembourg : contribution à une sociologie électorale de la citoyenneté de l'Union européenne." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00300560.
Full textSerres, Olivier. "Étude d'une mise en oeuvre de l'article 45 de la Charte de 1830 : les pétitions pour la réforme électorale sous la monarchie de Juillet." Paris 1, 2003. http://www.theses.fr/2003PA010251.
Full textCuvillier, Frédéric. "A moralisation des financements politiques depuis les lois de 1988." Paris 1, 1998. http://www.theses.fr/1998PA010264.
Full textIn less than ten years, after successive waves of legislation, a complex and legal frame took place which aim at warranting transparency and morality to the political activities, and especially electoral campaigns and political parties. This domain, dominated since then by current practices, but never, the less doubful, was "seized by the law". The legislative and jurisprudential contribution was, in that matter, considerable. The legislative anchorage took place very fast, but nevertheless progressively, following the regulation strates. The legislator wanted to act on different registers : on one hand, to limit the recourse to certain mode of communication, and, on the other hand, to limit and clarify the souces of political parties and candidates financing to main elections. At least, was set an original control system of respect of the legislative prescriptions, with as central element, an independant administrative authority : the "national commission of campaign accounts and political financing". The physiognomy and control condition of the electoral operations were, besides, deeply removed by financial criterion insertion and also political actions accounts. A new way of controlling the patrimonial situation of the elect started by the same time. In order to limit the money role, the dispositions concerning the electoral campaigns, brought, at first, under regulation the communication modes, set, ting aside the most expensive techniques, fixed also a ceiling to the authorized expenses and, at least, qualify the electoral expenses of some actions according more and more strict criterions. The legislator has, also, beyond the quantitative restriction, acted on the financial sources. Therefore, he moralized the private financing in order to allow only the citizen financing, setting up a neutral financing of sub, stitution, public financing. The political parties condition has, also, changed. Their moral personalities were recognized and they have been submitted to a financial control, most certainly constitutionally limited but innovator
Guiselin, Emmanuel-Pie. "Le régime juridique du financement de la vie politique." Rennes 1, 1995. http://www.theses.fr/1995REN11005.
Full textThe french regulation related to the financing of political parties was elaborated from 1988 when the political class realised that a situation apart from law might endanger the democracy itself. Therefore different acts were passed in 1988, 1989 and 1990 on the initiative of the governments of mr. Chirac and mr. Rocard. As the acts of march 11th, 1988 which were related to the transparency of financial statements concerning political life, were the results of compromises, such acts proved rapidely to be inadequate. However the acts of 1990 constitute a regulation which is appropriate and complete. The application of this regulation has particularly enabled commissions to intervene in an appropriate way to favour the transparency of the financial statements concerning political life. The "commission pour la transparence financiere de la vie politique" created in 1988 is in charge of controlling the development of patrimonial situations of political men, whereas the "commission nationale des comptes de campagnes et des financements politiques" which was created by the act of january 15th, 1990, is in charge of controlling the ways of financing the parties and the accounts of electoral campaigns
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