Academic literature on the topic 'Légalité de crise'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Légalité de crise.'
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.
Journal articles on the topic "Légalité de crise"
Aït-Aoudia, Myriam. "Gestion de crise et légalité constitutionnelle : le pouvoir face au Hirak." Pouvoirs N°176, no. 1 (2021): 67. http://dx.doi.org/10.3917/pouv.176.0067.
Full textMambo, Paterne. "Les rapports entre la constitution et les accords politiques dans les États africains : Réflexion sur la légalité constitutionnelle en période de crise." McGill Law Journal 57, no. 4 (November 8, 2012): 921–52. http://dx.doi.org/10.7202/1013034ar.
Full textBrunelle, Christian, Louis-Philippe Lampron, and Myriam Roussel. "La liberté d’expression en contexte de crise : le cas de la grève étudiante." Les Cahiers de droit 53, no. 4 (November 16, 2012): 831–59. http://dx.doi.org/10.7202/1013009ar.
Full textFecteau, Jean-Marie. "Du droit d'association au droit social: Essai sur la crise du droit libéral et l'émergence d'une alternative pluraliste à la norme étatique, 1850–1930." Canadian journal of law and society 12, no. 02 (1997): 143–57. http://dx.doi.org/10.1017/s0829320100005391.
Full textBellone, Florence. "La protection de l'enfance au Royaume-Uni est un trafic légalisé qui débouche sur un crime honteux : l'adoption forcée." Journal du droit des jeunes 326, no. 6 (2013): 26. http://dx.doi.org/10.3917/jdj.326.0026.
Full textMole, Gregory. "Incriminating Empire." French Historical Studies 44, no. 1 (February 1, 2021): 27–57. http://dx.doi.org/10.1215/00161071-8725837.
Full textLe Roy, Étienne. "L’accès à l’universalisme par le dialogue interculturel." Revue générale de droit 26, no. 1 (March 29, 2016): 5–26. http://dx.doi.org/10.7202/1035846ar.
Full textDissertations / Theses on the topic "Légalité de crise"
Yambissi, Claude Désiré. "La légalité de crise en droit public français." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3037.
Full textLegality is a principle that appears as a cornerstone of the rule of law. The term "principle of legality" has long been used to assert that the administration must respect the rules of law. But, in the event of a major crisis, legality can be mitigated. It is tolerated a legality of crisis. The state needs other legal tools than ordinary ones. Exceptional powers are conferred on certain authorities or recognized to certain persons by legal devices of a very different nature. This theory of exceptional circumstances aims to ensure the continuity of the state. It is based on the controversial "necessity is law" saying that in extreme cases, certain acts that would be illegal in normal times are justified. State of necessity and self-defense of the state are the main justifications for the use of crisis powers. In positive law, crisis regimes are heterogeneous and redundant. The persistence of the terrorist threat accentuates the accumulation of anti-terrorist laws and measures. The heterogeneity of the French crisis regimes raises the question of the unification of the main states of crisis by rewriting their constitutional framework. The control of the state of emergency is tempered by important prerogatives recognized by the executive. This can be a risk for guaranteeing the exercise of fundamental freedoms, especially when the exception becomes permanent or when common law is contaminated by the derogatory right
Garibian, Sévane. "Le crime contre l’humanité au regard des principes fondateurs de l’état moderne : naissance et consécration d’un concept." Paris 10, 2007. http://www.theses.fr/2007PA100103.
Full textThe development of the concept of crime against humanity reflects the efforts of the juridical actors to exit a deadlock, by trying to conciliate concepts bearing a priori contradictory implications. The penal condemnation of acts depending of a state criminality independent of international armed conflicts, whose impunity would be unacceptable from a moral perspective, clashes with the founding principles of the modern state, whose violation would irreparably jeopardize the independence and the power of the state, particularly concerning the right to punish. The complete fulfilment of the concept of crime against humanity is only possible through the absolute respect of the principles that its use was supposed to hinder. Initially a constraint, the respect of the principles of the modern state becomes a justification. The observed switch is, by the way, evidence of a new conception of the state
Brenaut, Maxime. "Le renouveau des mesures de sûretés en droit pénal français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020060.
Full textIn 1992, in the context of the reform of the Criminal Code, decision was made to unify all criminal sanctions under the sole notion of “penalty” ; therefore, the formal existence of safety measures seemed doomed to complete obsolescence. However, as from 2004, the legislator unexpectedly enacted safety measures expressly labelled as such, and thus, disrupted the semantic unity implemented a decade earlier. In addition, the controversial notion of dangerousness was established as the ground of such measures. According to legal doctrine, this was a very “renewal of safety measures”. This formal reappearance of safety measures undoubtedly stems from circumstantial causes, owing to the political opportunity to depart from the penalty regime, especially in terms of application of law over time. Yet, it cannot be reduced to this single cause and also be explained by structural reasons pertaining to the nature of safety measures, which must be construed as a function i.e. the guarantee of the performance by a dangerous individual of his resocialisation obligation. This function may additionnally be expressed through various mechanisms: complementary penalties, measures of the pre-trial phase, conditions for serving sentences…Analysis shows that safety measures had not been discarded from criminal law and, instead of a“renewal”, the French legislator mostly extended their scope by multiplying the media of their function as guarantee
Busco, Paolo. "The defence of illegality in international investment arbitration : a hybrid model to address criminal conduct by the investor, at the crossroads between the culpability standard of criminal law and the separability doctrine of international commercial arbitration." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D087.
Full textThis thesis addresses the question as to how an investment Tribunal is to react if, in the context of a case brought before it for breach of standards of protection of an investment, the respondent argues that the investment for which protection is sought has been secured by resorting to some form of criminality. Against this background, a defence by the Host State that has become increasingly common is the so-called Defence of Illegality. It operates on the basis of the following scheme : a Host State breaches the substantive provision that international law accord to investments made in a foreign Country, for instance by means of expropriating without compensation the investor's investment. In the ensuing dispute before an investment Tribunal, the defendant Host State raises the illegality committed by the investor in the making of the investment as defence against the breach of the substantive provisions on the protection of the investment, of which it is accused, to avoid responsibility. This thesis intends to demonstrate that both legal and policy consideration dictate that the Defence of Illegality in investment arbitration should be strictly curtailed and that a Tribunal should only decline to exercise its jurisdiction in exceptional cases. Rather, Tribunals should look at the entire set of circumstances at the merits stage and perform a proper balancing test between the conduct of the investor and the Host State
Coquelet, Benoît. "La prévention de la délinquance : une priorité de l'action publique. De l'exigence de sécurité à celle de sûreté." Thesis, Université Clermont Auvergne (2017-2020), 2019. http://www.theses.fr/2019CLFAD026.
Full textThe prevention of delinquency has become the subject of a full-fledged cross-cutting policy in France. In practice, whether at an inter-ministerial or local level, it is generally understood as an element of security policy. As a result, the actors often have a restrictive conception of crime prevention. It often finds itself subservient to other areas of competence. In addition, in a troubled context, the interest of public authorities in this area of action is gradually declining. However, with the law of March 5, 2007 relating to the prevention of delinquency, the conceptually revisited prevention was to operate a metamorphosis of public action and a change in the professional practices of all the actors who participate, even indirectly, in its materialization. In addition to the issue of the effectiveness of the law and its effectiveness, this situation questions the ability of public authorities to produce change and, in this case, to influence the behavior of professionals to produce its effects. It is therefore partly a question of measuring the gap between what the law says and what is actually undertaken or, in other words, of assessing the impact of the use of the law in the efficiency of a public policy and to identify the sources of legitimation that guide public action. However in many situations, the definition of the crime prevention strategy and its implementation are entrusted to an administration which does not perceive all the stakes and whose culture it is not really. The absorption of prevention in the Internal Security Code is thus a logical consequence of an old conception, a conception linked to the traditional relationship between security and prevention. Thus, beyond the games of actors and in a dialectical relation between legality and legitimacy, the study seeks to reveal the impact of the principles which underlie public action on the basis of two hypotheses. The first retrospectively calls into question the fact that the prevention of delinquency benefits from the legitimacy that is attached to the "security principle" and it is historically a carrier of values and practices that ultimately weakens it. Consequently, the second postulates the search for another conceptual basis for the prevention of delinquency, in this case the principle of surety, to enable it to constitute a space for coherence of public action
Cohendet, Elisabetta. "Associations et coopératives, hier et aujourd’hui : un regard sur la Sicile à partir du capital social." Thesis, Paris, CNAM, 2011. http://www.theses.fr/2010CNAM0760/document.
Full textNon-profit organizations (NPO) help in keeping alive those pluralist places which are vital for democracy making processes. The link between the vitality of the voluntary sector and the production of social capital is established because NPO take an active part in the confidence spreading process which is necessary for smooth institutional and economic management. However, the concept of social capital is based on arguable postulates: a «determinist» and a «liberal» one. In the thesis, we have thus tried to deconstruct these theoretical a priori constructions in the complex reality of Sicily in order to use the concept of social capital in a wider interpretative framework. This interpretative framework is thus not limited to the exclusive analysis of social interactions within networks but takes into account the specific nature of their background. Hence, it is possible to re-introduce the modalities of interaction between NPO and authorities as well as the role of the institutions in the production of social capital
Book chapters on the topic "Légalité de crise"
Ost, François, and VandeKerchove. "IX. Le problème des fondements éthiques de la norme juridique et la crise du principe de légalité." In Jalons pour une théorie critique du droit, 449–509. Presses de l'Université Saint-Louis, 1987. http://dx.doi.org/10.4000/books.pusl.15098.
Full textFabre, Guilhem. "Les bienfaits du crime : de la légalité illégale à la subversion de la société civile." In Du social hors la loi, 289–92. IRD Éditions, 2009. http://dx.doi.org/10.4000/books.irdeditions.218.
Full text