Dissertations / Theses on the topic 'Légistique'
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Guérard, Roxanne. "Analyse légistique des pratiques d'harmonisation des règlements municipaux au Québec." Doctoral thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/66975.
Full textThe laws of the province of Québec grant powers to municipalities that enable them to make regulations governing many aspects of citizen’s lives within their boundaries including: public safety, potable water supply, management of waste disposal and recycling, as well as building construction. Even if these matters are of common concern to most Québec municipalities, they are dealt with through an autonomous exercise of local regulatory powers. This regulatory autonomy sometimes leads to a lack of consistency between municipalities which could give rise to challenges for local authorities, their agents and populations. In order to circumvent the inconvenients resulting from the discrepancies between municipal regulations governing the same subject-matter, such as enforcement difficulties, local authorities of neighbouring municipalities have considered the harmonization of their by-laws in different regions and at different scales: from a few municipalities up to a territory including several regional county municipalities. However, this normative harmonization leaves space for the creation of rules that are unique to a single municipality when there is a distinctive feature that could be linked to the its rural or urban character, among other things. This thesis presents the harmonization of municipal by-laws practices that are ongoing on territory of the province of Quebec with respect to peace, order and public safety. In several regions of the province, local legislators, comprised in the territory of a regional county municipality, have exercised their powers in a coordinated manner in order to make by-laws which are to be implemented by enforcement officers through a service agreement. The analysis of this phenomenon is carried out using the knowledge of legistics, a discipline aimed at better law-making. It reveals that these practices reflect to a large extent the theoretical model of legislative communication which is based on a 4-phase process for normative production, as recommended by legistics. v The feasibility of coordinating many different local regulations-makers shows that a collaborative dynamic is emerging as coherence in public action is not only useful, but instrumental to achieve common goals. This thesis concludes by suggesting that the current normative harmonization practices be optimized in light of the methods and knowledge of legistics. Amongst all of the means for public action that are available to municipal authorities, the harmonization of bylaws shows interesting potential. This method of creating regulations governing peace, order and public safety has demonstrated the ability of local authorities from different municipalities to become true partners. Municipal by-laws harmonization could be added to other policy instruments at the disposal of municipalities in implementing their public policies. In essence, since municipalities have an uneven access to resources in providing public services to their population and in dealing with complex challenges, regulatory harmonization seems to be creating an environment conducive to the sharing of all available resources. There is a mutualization of the normative activity resulting from the coordinated exercise of regulatory powers as several municipalities are involved in the production of a regulatory answer to a common issue. Carried out in the public interest and sensitive to sound management, municipal regulatory autonomy might require, at least in some areas, the coordinated exercise of regulation-making powers as a way to make local rules more coherent with the broader environment in which municipalities and their citizens evolve, while potentially contributing to a more effective enforcement. The harmonization of municipal by-laws appears to be a pragmatic combination of autonomy and interdependence.
Gilberg, Karine. "La légistique au concret : les processus de rationalisation de la loi." Paris 2, 2007. http://www.theses.fr/2007PA020059.
Full textSall, Bigué. "L'harmonisation OHADA des contrats : contribution à la méthode légistique des contrats dans l'espace OHADA." Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCB003.
Full textThe legal framework is important for improving the economic situation ; it defines progress or decline of the business climate in a country or space. Thus the Organization for the Harmonization in Africa of Business Law has set itself goal in a more or less long term economic development of Africa in general and of its member states in particular. Therefore, it must have rules contributing to the establishment of legal and judicial security in order to promote business investment in the Africa area.It is in this context that OHADA has adopted rules that can framed the development of business in this area. These rules, known as uniform acts, are currently ten, but not one of these uniform acts refers to general contract law. While general contract is fundamental basis of business development of business. Its uniformisation or harmonization must be considered for efficient contracts in OHADA zone and Africa in general. Furthermore, member states of OHADA do not have standardized general contractuel field. This clearly shows how urgently reform is needed!However, it should be notified that a number of projects steps towards the harmonization of contract law have been abandoned or not completed, in particular the preliminary draft OHADA Uniform Act on Contract Law and the project relating to the general law of obligations. These abandonments raise many questions that we will try to solve during our developments through historical, critical and comparative approach
Massieu, Virginie. "L' expérimentation législative sous la Veme République." Cergy-Pontoise, 2009. http://www.theses.fr/2009CERG0399.
Full textThe present thesis is based on a complete inventory of experimental statutes adopted during the Fifth Republic first fifty years. It sets forth a series of criterion to define this type of statute, and tries to weigh the pros and cons of a law-making method which appears to be at odds with fundamental constitutionnal principles such as equal protection of the laws or indivisibility of the Republic. Empirical analysis of experimental statutes also sheds a new light on the drawbacks of a method which is sometimes presented as a means to rationalize the legislative process, and leads to a de lega feranda reflection about the very notion of experimental statutes
Marinese, Vito, and Marinese Vito. "L'idéal législatif du Conseil constitutionnel. Etude sur les qualités de la loi." Phd thesis, Université de Nanterre - Paris X, 2007. http://tel.archives-ouvertes.fr/tel-00626046.
Full textBoucher, Éliane. "Mobiliser les connaissances en linguistique dans la recherche de l’intelligibilité du texte de loi : l’exemple de la structure de la phrase comme outil pour favoriser l’accès à la justice pour tous." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40501.
Full textProkopiak, Marie. "L'amélioration de la qualité rédactionnelle des textes législatifs. Approche comparée droit français - droit de l'Union européenne." Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0116.
Full textThe criticism of the quality of drafting of legislation has been increasing since the 1980s. In many national legal systems as in the legal order of the European Union, authors and public authorities never stop denouncing the loss of normativity, the punctiliousness and the lack of clarity of legislation statement. In particular, the legal security is threatened, the effectiveness of the law is weakened and the equality of citizens before the law is compromised. The comparative study, justified by the close interlinking of the French legal system and that of the European Union, aims to provide a new and more global perspective on ways to address this recurring problem. The first means of improvement is the reform of all the techniques, methods and procedures that contribute to the preparation of legislation. This approach also finds a favorable response from the French and European judges, who reserve the right to sanction on the basis of similar legal arguments, the writing defects that affect the understanding of texts. The second, complementary, means of improvement is the clarification of existing legislation. As the material and intellectual access to it is becoming more and more complicated, its codification and, if required, its revision within the framework of an iterative process are being contemplated. Thus, the comparative study of French and European Union experiences outlines a model to better draft the legislation, which grows beyond the two legal systems. It is, however, not free of contradictions, deficiencies and pitfalls, therefore a Europe-wide reflexion on the underlying causes of the degradation of the quality of drafting of legislation needs to be undertaken
Médard, Inghilterra Robin. "La réalisation du droit de la non-discrimination." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100038.
Full textOver the last decades, anti-discrimination law significantly expanded and appears now as a wide body of rules. Founded upon a main prohibition (the prohibition of discrimination) and a right to be exercised (the right to be free from discrimination), ATD law is subject to a continuous growth, as the abundance of protected grounds attests. While its normative requirements increase, the social behaviours show in contrast one of its main challenges: its lack of effectiveness. The credibility of law as well as the protection of victims are then strained and lead up to conceive a tailor-made policy to support the realization of law.Such an ambition plainly exceeds the sole capacity of lawmakers. As ATD law mainly consists in referring illegitimate treatments to the courts, it considerably unloads the process of realization on the victim. She is the one who must legally qualify the situation she experienced and then claim her right by engaging through a judicial combat in order to obtain redress. The law is, however, no stranger to this process, and frames it. Beforehand, its design shapes the qualities of the tool made available to stakeholders. Afterwards, the way it deals with the proceedings determines the ability of courts to satisfy a rightful claim. Therefore, it is required to enter into a critical examination of the ways whereby normative authorities seize the legal factors of realization. While the analysis reveals some shortcomings, it exposes at the same time some unexploited areas that ATD law could explore
Boussarie, Thomas. "La codification de la procédure administrative." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D060.
Full textThe codification of administrative procedure is a theme at the crossroads of two founding myths of civil and administrative laws outwardly incompatible. This issue is a priori conflicting. Indeed, two doctrinal icons intertwine : on the one hand, the codification and its Napoleonian heritage, on the other hand, the jurisprudence and its filiation with the Conseil d’Etat (Council of State). One excludes the other since they lodge in the same symbolic space that of the advent of a unified and systematic law. This thesis aspires to refute these myths by embracing a dispassionate and objective conception of codification. Codification is designed as a simple method of systematizing written law, without preconceived virtue if not facilitating access to law. As well as being jurisprudential, the choice to study the administrative procedure has been reasserted by the adoption of the Code of relationships between the public and the administration. The general characteristics of this new code, along with the codification of legal precedents, link up with both civil and administrative myths to better disavow them. Codification encounters jurisprudence and the fundamental balances remain immutable. Subsequently, not only is there no sclerosis of the law, but also no downgrading of the judge. It follows that the technique is suited to its purpose. Instead of constituting a breach, it does retain the balances involved. Therefore, this thesis consists of making codification commonplace by minimizing its impacts and enabling its development in a discipline that still mainly eludes it
Rouidi, Hajer. "Les listes d'infractions : étude en droit pénal français italien et international." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3011.
Full textThe thesis analyses the utilization of enumeration through the "listing of crimes" as a legislative technique in criminal law. Such a method of legislative drafting was used historically in bilateral conventions, specifically in the area of extradition, but nowadays it is heavily employed in criminal law to delimit the scope of application of exceptional rules. Aiming at providing a rich and solid base of knowledge in a domain that is rarely studied, this work reviews various systems and legal orders. As such, the resort to "listing of crimes" will be examined in international criminal law as well as in French and Italian criminal law. Being a tool to select a group of crimes in order to treat them differently than the common crimes, the listing technique serves the needs of aggravated or innovative repression. In that regard, the "listing" technique is not only considered as a means of legislative drafting, but its political function is also analyzed. The utilization of this technique is assessed in the light of the expected as well as the verified results. The extension of an existing "list of crimes", a normal consequence of resorting to enumeration, is found to be positive in some cases but more or less criticized in other cases where legislatures deviate from the original reason for which this drafting technique has been elaborated. Examined from the perspective of the fundamental principles of criminal law, namely the principle of legality and the principle of proportionality, the usage of this technique is appraised. The respect of these two primordial principles constitutes the ultimate solution proposed for any deviated resort to "listing of crimes" as a legislative tool
Matringe, Eve. "La réforme de la responsabilité civile en droit suisse : modèle pour le droit français?" Phd thesis, Université de Strasbourg, 2010. http://tel.archives-ouvertes.fr/tel-00630169.
Full textLaroque, Octavie. "Les lois symboliques. Une étude à partir du droit de la propriété littéraire et artistique." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020040.
Full textSymbolic laws are a recent manifestation of a contemporary legislative evil. They are not only incantatory declarations on the model of non-normative or "memorial" laws, since they can also be technical rulings, as intellectual property law is. To grasp this phenomenon, we must first identify what symbolic laws are. Characterized by the disharmony between their discourse and their normative qualities, these laws show a phenomenon of ineffective implementation. Unclear, unrealistic, sometimes lying, but endowed with a virtuous message, symbolic laws are the result of the instrumentalization of legislative action, an exercise where expressing values is more a concern than the concrete effects of the text. Secondly, it is important to determine how symbolic laws should be dealt with. As a sign of a change in legislative production and in intellectual property law, these laws are the figure of disorder: they mark the withdrawal of the true symbolism and its vain compensation by a false and flashy symbolism. This discovery calls for a restoration of order and the respect of legistic rules, where those who write the norms should be animated by the love of laws and guided by moral conscience. As intellectual property law is under attack by commercial and social demands, this study invites to think about its future and see how we could prevent the appearance of symbolic laws
Delegove, Nicolas. "Le droit commun et le droit spécial." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020020.
Full textDistinguishing between general and specific rules of law is a deeply rooted habit among civilist lawyers, concerning the field of theory as the practice one. The roles of this distinction are very different, but they are threatened by two kinds of phenomenas as well : the increasing degreesof specialization and the development of -horizontal- relationship between general rules of lawon the one hand, and specific rules of law in the other hand. As a genuine, it would work,however, always as a good way to order the priority of different rules of law for both legislature and judges, both in academia and in practice.There is however a singular paradox. The general and specific rules of law can't be defined,their relativity is such an obvious one that they inconceivable if the other doesn't exist. According to this idea, their relationship is usually described in terms of opposition. Yet, the meaning of "relativity" is closer to collaboration rather than opposition.Thus, as regards to the development of the law, positive influences are at work. General and specific rule of law are a model to each other. Their evolution takes place in contemplation ofeach part. This especially helps the application of law to refute the idea that the general andspecific rules of law are mechanically mutually exclusive. A part from the possibilities provided by statute law, no basis justifies exclusiveness. Furthermore, specific rules of law sometimes contain a lot of less-defined rules. The value of the solution advocated by the adage "specialia generalibus derogant " is just a presumption, a simple one. A specific rule of law is supposes to be perfectly adapted to a situation, but it may pragmatically, about some case, be less appropriate than the general rule of law
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
Caron, Matthieu. "L'autonomie organisationnelle du gouvernement : recherche sur le droit gouvernemental de la Vème République." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20030/document.
Full textFrench constitutional doctrine, following the treaties of Jules Poudra and Eugène Pierre, acknowledged that Parliamentary Law represented a positive reality which deserved to be conceptualised and take its full place as a university discipline. It is paradoxical that no in-depth study has ever been carried out on Government to determine if Governmental law really existsBy collecting, gathering and analysing the rules concerning the internal organisation of the Government of the Fifth Republic, this thesis wishes to prove that the Government regulates its own organisation and internal operations in an autonomous manner in much the same way as the Parliament. On the one hand this thesis defends the fact that the Government has a variable scope of autonomy (Residual, shared or complete) when drawing up laws governing its own organisation policy. On the other hand, it points out that the Government exercises full autonomy to regulate the organisation of its administration (Ministries, Offices in charge of coordinating the different Ministries and the Central Administration).The intention of this thesis is not to put forward a general theory on Governmental Law. It is an initial research into constitutional law with a purpose of stimulating doctrinal debate on the existence of Governmental Law and its utility for Democracy