Dissertations / Theses on the topic 'Pluralisme démocratique'
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Le, Breton Karine. "La culture judiciaire kinoise comme cadre de refondation de la justice au Congo." Paris 1, 2008. http://www.theses.fr/2008PA010288.
Full textNtirumenyerwa, Gakuru Georgine. "Le statut juridique du conjoint survivant en droit successoral congolais." Paris 1, 2012. http://www.theses.fr/2012PA010275.
Full textJean-Bouchard, Évelyne. "Le rapport des Congolaises au droit et à leurs droits : participer aux processus de changements normatifs à l'est de la République Démocratique du Congo." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35589.
Full textNatielse, Kouléga Julien. "Le Burkina Faso de 1991 à nos jours : entre stabilité politique et illusionnisme démocratique." Phd thesis, Université Montesquieu - Bordeaux IV, 2013. http://tel.archives-ouvertes.fr/tel-00869173.
Full textNatielse, Kouléga Julien. "Le Burkina Faso depuis 1991 : entre stabilite politique et illusionnisme démocratique." Phd thesis, Université Montesquieu - Bordeaux IV, 2013. http://tel.archives-ouvertes.fr/tel-00957659.
Full textInchauspé, François-Xavier. "Reconstruire la légitimité démocratique : l'articulation entre public, communauté et "demos" dans la pensée de John Dewey." Thèse, Paris 1, 2012. http://www.archipel.uqam.ca/5474/1/D2456.pdf.
Full textSalas, Cardona Juan Camilo. "Démocratie pluraliste et droits des minorités." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00772744.
Full textGagnon, France. "Le pluralisme et les limites de la démocratie." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ52105.pdf.
Full textMuller-Barbet, Marie-Attale. "Les protecteurs de la nature en Allemagne : pluralisme et démocratie." Toulouse 2, 1998. http://www.theses.fr/1998TOU20002.
Full textAre ecology and democracy suited to each other? This work about Germanic civilization is centered upon associations of nature defenders -in large numbers in Germany- even though their political impact is still poor. In order to establish the unremitting link between ecology and democracy, the way three different speeches merge together has been studied. These following speeches are the speech expressed by ecology theorists, the speech from the people in charge of the associations for the protection of nature, studied through their publications and the speech of those engaged in associations (the active wing). The historical part will demonstrate to what extent associations for the protection of nature have been influenced and have had to undergo changes. These associations can no longer be regarded as places where top people merely come and enjoy some leisure. They have turned into places which give people the opportunity to claim things. An analysis of perceptions ecologists have of nature (and the way it has to be dealt with) is based upon written documents issued by nature defenders. Finally, the sociological part ensues from a twofold experience. First, a stage in which I both took part and recorded my observations, and then an investigation made in the field, in the area of Trier (Rhineland- Palatinate), within two associations, the BUND and the NABU. The sociological part is essentially devoted to the implementation of basic democracy within these organizations and it displays varied streams within ecologists, hence their pluralism to be considered a token of democracy
Adam, Bassam. "Démocratie, pluralisme, conflits et communauté chez Alain Touraine et Charles Taylor." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq25474.pdf.
Full textLoba, Kiessey Barthélémy. "La première décennie de l'expérience africaine de la démocratie pluraliste : le cas ivoirien." Toulouse 1, 2003. http://www.theses.fr/2003TOU10031.
Full textThe year 1990 is that of an upheaval major in Africa : the monist democracy characterized by the constitutional single parties or in fact yields the place to political pluralism, under the combined effects of the facts as well intern as exogenic. As regards the Ivory Coast, the way of the democracy, we think, is not really borrowed, during the first decade. The landscape sociopolicy did not carry out or not opreted its moult. The observation of the experiment of the Ivory Coast of the plural democracy brings to note that all is held as under the old order : the framework in which the multiparty system bathes doed not hold account, of not to dispute, of its requirements. The same report can be made relative with the followed practces. Handicaps, in the political institutions, diverted the brook of multiparty system of its natural bed, lowered the pressure and coloured water by it, as much as brakes, in the political field, do not allow that it runs, freely, with the meeting of river, its end. To return account of these heavy tendencies of the Ivory Coast, the glance of the lawyer, traversing his field that of the policy to provide question an overall picture does not leave meet
Bénétullière, Sébastien. "La démocratie d'opinion : contribution à une approche constitutionnelle de l'opinion publique." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/out/theses/2007_out_benetulliere_s.pdf.
Full textAttorneys, and in particular the constitutionalists are at first sight absents in the major intellectual controversies on the notion of public opinion. In fact, the discourse on the democracy of opinion communicates a pejorative image of the public opinion, based to a great extent on a common sense than on a real conceptualisation of the notion. The democracy of opinion could then be a reactive democracy, instantaneous, where the politics progressively dissolve. However, such a vision, if not entirely destitute, contrasts singularly with the philosophy of Lumières who makes the public usage of the reason a condition for the construction of an autonomous public space. It is then not surprising that the liberal constitutionalism sustains a rational acceptation of the public opinion. The public opinion then becomes all at the same time, the product and guardian of the autonomy of the citizen. It is why the constitutional law, understood inhere as the political law, organises the juridical conditions of a free formation of the public opinion, in particular through the juridical recognition of some public liberty. In consequence the institutional architecture of the constituted power is rethought due to the emergence of an exteriority critique: the court of the public opinion. In other words, an analysis of the discourses related to the public opinion allows an understanding of the double dynamic antagonist within the democracy of opinion
Maroupas, Nikolaos. "Pragmatisme : une philosophie anarchiste ? : une généalogie : Proudhon, Bakounine, James, Dewey." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100110/document.
Full textPragmatism, as a philosophical movement, and anarchism, as a political one, seem to be connected by two seemingly complementary approaches: pragmatism is often considered as politically neutral, while anarchism as philosophically indifferent. The aim of our study is to examine this double neutrality and, following our interrogation, namely « is pragmatism an anarchist philosophy? », to evaluate the possibility of a positive answer, the political consequences of the one and the philosophical consequences of the other, and also the causes of their alleged complementary indifference, inspiring us the idea of a commun architecture. First, we try to locate this architecture in the philosophy of James and Dewey, focusing on the relationship of pragmatism to democracy. Thus, we point out the main features of a philosophy of experience fitting the demands - in a pragmatic perspective - of democracy. For it is only experience that allows democracy to see its ethical dimension - very present among pragmatists - become political. Second, we examine the articulation of what we can call anarchist doxa with the philosophical assertions that form, according to James and Dewey, the philosophy of experience. We focus, in particular, on the thought of Proudhon and Bakunin, whose kinship seems to carry the same anti-absolutist spirit that forms the critical dimension of the philosophy of experience
Barbet, Victorien. "Pluralisme et stabilité des organisations : modéliser la dynamique d'organisations démocratiques où plusieurs dimensions sont discutées : le cas des AMAP de Provence." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0626.
Full textThis PhD thesis studies the evolution of organizations under democratic settings through their stability along with other characteristics like their representativeness, their capacity to satisfy their members or to ensure risk sharing agreement between heterogenous agents. Proposed models are agent based models grounded in a study, initiated by Juliette Rouchier in 2004, on short food chains and particularly on "Associations pour le Maintien d'une Agriculture Paysanne" (AMAP), the french equivalent of United States' Community Supported Agriculture (CSA) along with their structuration in AMAP' networks at different geographical levels. This PhD thesis suggests the existence of a tension between stability and representativeness under democratic settings and discusses, in different cases, the effect of several factors on this tension, like the number of topics discussed in the organization, the state of mind of members, the existence of structured communication, or the spatial repartition of members. In a second part, this Phd thesis deals with risk sharing groups between agents heterogenous in terms of risk exposures, as it is the case in AMAP between producers and consumers. It underlines how learning by agents of their risk exposures through times, which is equivalent here to constantly revise their preferences with respect to the characteristics of their organization, can stabilize risk-sharing groups mixing heterogenous agents and how this effect is strengthen by the introduction of other-regarding-preferences, like altruism or inequality aversion
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
Berksoy, İrem. "Analyse de la démocratie à travers la répartition de la richesse nationale : le cas de la Turquie." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D016/document.
Full textThis study deals with the distribution of the national wealth in Turkey according to the principles of democracy. National wealth can be formulated for use in the legal field as the sum of the previous year’s household assets and the assets of legal persons governed by public law added to the net national product of the current year. Democracy is the possibility for everyone to participate in politics (participation) with his or her differences (in his or her interests based on income, age, state of health and similar conditions and his or her ideology) and thus to have an influence in politics through his or her differences (pluralism). This study is based on the idea that the way which the national wealth is distributed must be brought up before anything else, in order to find out whether a state has a democratic nature or not. Indeed, everyone expects a better life from an organization like the state, and such a life satisfying all human needs such as housing, health, education, freedom, culture, green spaces has a monetary consideration
Coutellec, Léo. "Conditions et portées d'une intégrité épistémique et éthique des sciences : Eclairages à partir de la question des poissons génétiquement modifiés." Thesis, Lyon, INSA, 2011. http://www.theses.fr/2011ISAL0129.
Full textThe current crisis of the concept of science invites us to renew the links between epistemology and ethics. In this context, we make the assumption of epistemic and ethics integrity of science. To defend this thesis we advance two main assumptions : (i) that of an epistemic pluralism : in this regard, we suggest five hypotheses : pluralism as epistemic posture, pluralism as a non-epistemological description of science, pluralism as a form of common sense, pluralism as a new thought of the uncertainty and pluralism as a indisciplinaire approach. (ii) that of a generic ethics : to do this, we proceed in three levels : in the space of ethics, the mode of action and scope of ethics in science. With the support of this work in the areas epistemologies and ethical, the conditions for epistemic and ethics integrity of science are, in our opinion, the following : a pluralistic attitude, a democracy epistemic and an thinking of integrative objects. We give the characteristics of these conditions, then we put them in perspectives with the specific case of GM fish
Cathelin, Cécile. "Jungle policy en forêts privées : la traduction tica des paiements pour services environnementaux : gouvernement par les coalitions et pluralisme limité en démocratie costaricienne." Thesis, Lyon 2, 2015. http://www.theses.fr/2015LYO20123.
Full textDeveloped by environmental economists during the 1990s, Payments for Environmental Services (PES) are market mechanisms, promised as being innovative for natural resource conservation. This theoretical construction, circulating within academic and international political spheres, coexists in practice with a « variety of PES ». Presented as an ideal example of PES, the Programme for Payment for Environmental Services (PPES) of Costa Rica, introduced in 1996, is however very far from the theoretical model of environmental economics. In fact, tico PES are incentives, financed and put into place largely by the state. They subsidize not only private forest conservation but also wood production. This work « reinserts » political variables, too often omitted in the environmental economic literature, in order to explain the specificities of the Costa Rican PES. By looking at the impacts of the internationalization of public action on national and local level, we identify two variables which help to comprehend the « translation» process of these international tools : government by coalitions and formal and informal rules of the national political regime. This study questions the democratization and the eclipse of the state usually associated with environmental politics. It shows that the Costa Rican political regime structures and authorizes a game by coalitions, which is rather closed and «discrete » (Culpepper, 2011), distant from « politics » and structured around the stakes linked with wood production. This game tends to take over the construction of PES mechanisms, in order to appropriate the financial flows which stem from the state’s redistribution and international cooperation. This game engenders an enclave of « limited pluralism » (Linz, 1964 ; Hermet, 2004) confined within the democratic Costa Rican regime
Tiao, Beyon Luc Adolphe. "Régulation des médias d'Afrique francophone : cas du Burkina Faso." Thesis, Bordeaux 3, 2015. http://www.theses.fr/2015BOR30006/document.
Full textLarge flows stemming from the liberalization of the media sector arose questions related to the mastery of information processing by men among whom a large majority didn’t have any knowledge of journalism. Besides, the requirements of public services and a fair distribution of broadcasting systems constituted a major concern for public policies in connection with communication. This context has brought about a new paradigm that has urged the inclusion of media regulation in the reformulation of the media policies. The regulation process which is applied in the media sector should not only protect and guarantee the appropriate operation of the system but also ensure, in case of need, a fair distribution of its action scope. Regulations systems in Africa are confronted with new challenges which they face desperately. For instance, we can cite the rapid surge of information and communication technology (ICT). It is occurring in terms of managing information flows conveyed by line media and tackling the issue of turning the process into land digital television. In the field of information and communication sciences, it is important to understand the relevance of the media regulation and conduct an analysis of its means and scope. Therefore, our main question could be raised as follows: To what extent can media regulation constitute a means to consolidate democracy? This question seems to be relevant to us when one notice conflicts of interest arising between actors of the public debate whether they belong to the public power or they are registered in political movements or in civil society. With regard to this situation, we can assume that media regulation can be considered as a proper tool for the consolidation of democracy. Owing to the fact that the regulation mode depends on the context of each country, our research scope is limited within Burkina Faso
Kone, Tahirou. "Médias et démocratie en Côte d'Ivoire : traitement et analyse de l'information pluraliste sur le report des échéances électorales (octobre 2005-octobre 2006)." Bordeaux 3, 2009. http://www.theses.fr/2009BOR30039.
Full textThe process of democratization began in 1990 is facing severe political and institutional crises. The Ivorian press, through its excesses, has contributed to the exacerbation of social tensions and divisions btween people. The content analysis of five newspapers of general information during the period marked by reports of the elections (october 2005-october 2006) has revealed that the various editorial sensitivities are strongly influenced by partisan political speeches. The reconstruction of public space must be based on genuine democratic institutions, but also non media that are involved in the fight against corruption, violations of human rights, and abuses of all kinds. The challenge of the upcoming elections, postponed since 2005, should bring the media to adopt a new approach to information based on the ethics of the profession, but especially along the lines of "public journalism. "
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
Le, Rouzic Louis-Marie. "Le droit à l'instruction dans la jurisprudence de la Cour européenne des droits de l'Homme." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0259/document.
Full textThe Protection of the right to education has been the subject of endness debates troughout thepreparatory work on the European Convention of Human Rights. While the idea of a right to educationfor all was quite evident in the mind of the drafters of the European Convention of Human Rights, therespect for religious and philosophical convictions of parents, who come first in the education of theirchildren, has been more controversial. Theses doubts explain the inscription of this right in Article 2 ofthe Protocol to the Convention on 20 March 1952. Its importance mustn’t be overlooked. Described asa « matrix right », the right to education contributes to a concrete and effective guarantee of the rightsand freedoms protected by the European Convention of Human Rights. It ensures personal blossomingand the right to make up their own minds. Therefore, everybody can claim this right, whether it be apupil or a student, regardless of the institution (public or private school, primary school or furthereducation). Aware of this key issue to protect a democratic society, the European Court of HumanRights has interpreted article 2 of the Protocol in order to reach a fair balance between the nationalmargin of appreciation and the protection of the right to education. That’s the reason why the Courtrequires States to achieve some positive obligations especially to enable everyone to use existingeducation means. Through the guarantee to an equal access of everyone to education institutions, theEuropean Court of Human Rights also encourages national authorities to observe the distinctivefeatures of each individual. In order to do so, the authorities must remain neutral both in educationalinstitutions and their curriculum. No pupil or student must feel excluded or chastised because of hispersonal convictions. Then, securing the universal right to education implies securing the right to apluralistic education
Trinca-Taillefer, Alysha. "L'éthique de la discussion et le problème de la responsabilité." Paris 4, 2008. http://www.theses.fr/2008PA040207.
Full textThe core issue of this dissertation is the threefold relation between norms, communication, and responsibility. Because political autonomy is not a mere copy of moral autonomy, and because contemporary pratical philosophy cannot escape the fact of pluralism, discourse ethics proposes that the principle which states that all those subject to the law ought to be able to think themselves its authors must be considered from the perspective of political subjects themselves. With the idea that in communicative action each recognizes the autonomy of the other, discourse ethics allows for the exploration of the twofold implication of political autonomy - responsibility for the law - and the reflexivity of language, witch figure as central elements of Haberma's research program, enables pratical philosophy to deepen its reflections on the relation between the responsible subject and démocratic will formation
Marcocci, Giancarlo. "Persona e diritto nel pensiero di Jacques Maritain." Paris, EPHE, 2013. http://www.theses.fr/2013EPHE5013.
Full textThe purpose of the proposed research is the analysis of the concept of person through its main promoters, such as Jacques Maritain. The philosophy of the person and the community, more usually known as personalism, belongs to a school of thought which is now being reestimation. The difficulty of this process, because it meets some resistance to own intellectual circles, a fortiori the requirement to wear the discourse in the public square, in order to attract attention to the challenges of humanizing reports inter-citizens (intra-chives) and relations between civil society and the state. The method of analysis will focus on the concept of the person studied both as regulative idea that as a key concept in the history of Western thought owes a double heritage constituted by the philosophical tradition and the theological tradition of the faith after revealed in God. To understand what is emerging from the experience socio-political and cultural life, I will proceed with categories logico-philosophical thought forms classicism, which provide a methodological framework in relation to the requirement of job redesign movements face trial development of "delegitimization" of the State legislation powers directly on many aspects of "private" (one thinks, for example, the phenomenon of "lex mercatoria". The survey will be conducted along two axes on the speech. One of the history axis, starting the modern sense of State, will travel backwards and summarizes the stages of formation of the latte to reach its redefinition in the light of natural law. The requirement is urgent at the present time where both exterior and interior of the state, the positive law clearly shows its limitations, since it tends to limit the human person confined spaces, arriving to betray the very goals that the constitutional state was set: to ensure a proper structure in its fundamental freedoms required for the essential heritage of the human person, and circumscribing and limiting , in return, power or, at least, its abuses. The other axis systematically arise the question of the relation of man to the modern era, with the state pluralistic democracies, pluralism means that by not ethical relativism or values, but pluralism of ideas, time, traditions and languages, the cultural roots of the old continent now "lost". The Personalism as autonomous philosophy but basically steeped in Christian values, seems adequate of the relationship between man and the state in which the consciousness acquired human survival of the XXI century is linked to the central role that European civilization has always placed the human person. This focus, as we find in the Christian idea of man created in the image and likeness of God, the concept of the philosophy Renaissance humanist or secular humanism of the Enlightenment. The secular state and religious rights can coexist just around the idea of human rights and of the person
Richard-Ferroudji, Audrey. "L'appropriation des dispositifs de gestion locale et participative de l'eau - Composer avec une pluralité de valeurs, d'objectifs et d'attachements." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2008. http://tel.archives-ouvertes.fr/tel-00420595.
Full textManga, Jean-Baptiste. "Le droit des peuples à disposer d'eux-mêmes en droit et en relations internationales contemporaines : etude comparée de la Nouvelle-Calédonie et du Nunavut." Thesis, Nouvelle Calédonie, 2013. http://www.theses.fr/2013NCAL0052.
Full textPas de description en anglais
Māǧid, Ziyād. "The decline of consociationalism : the case of Lebanon." Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0073.
Full textThe consociational democracy system in Lebanon is no longer capable of avoiding and managing crises for many reasons that are internal and external. Among these reasons are the changes in the elites (especially of the Maronites, Sunnis and Shiites) and their characteristics, the important demographic development and the modification of the confessional ratios, the transformation of the “veto right” into a hampering factor in every critical aspect of the political life, and the excess in the armed Hezbollah’s power. To these factors are added the external pressures and the weakness of national consenses towards the region’s axes and conflicts. Nevertheless, given its success in freezing the political system and its shares, given the institutionalization of vertical divisions on the basis of their exclusive representation of political groupings, and given the attachment of most forces to the power-sharing principle, consociationalism cannot be overcome easily. This by itself is a sign of both its strength and weakness: It does not function properly, but it cannot be overcome. In fact, all confessional political forces, consider it a guarantee to block any attempt by one ruling alliance at imposing choices and decisions. They also fear that any discussion over radical reforms might open the way to reconsidering the confessional quota system and its freezed formulas, which will create tensions and confrontations between the concerned groups. The absence of alternatives in the meantime does not eliminate the need for reforming political institutions, nor the necessity of discussing issues which could attenuate acute crises and enhance the performance of the regime
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
Simon, Sophie. "Étude comparative de la protection internationale des minorités en Europe et en Amérique." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010269.
Full textMinorities are the product of history, conquests, defeats and border changes. No two national histories are alike, however, minorities, in their diversity, find themselves in situations that appear similar the one another. In this overall context, the objective of this research is to better understand to what extent national and international minority rights effectively meet the needs of individuals belonging to those minorities. To do so, two issues that reoccure in the grievances of members of minorities have been selected for study. These are firstly the consideration shown towards housing specificities (in their diversity) and secondly, the possibility of communicating in one’s own language. Following the presentation of international law related to these issues, is studied the way this law, or better said these laws, are transposed and implemented in the national systems (in fact, there are major variants between the protection offered by universal organs and the one offered by European and American regional organs). In order to take into consideration the diversity of national situations, six countries were selected for this study. These were Spain, France and Lithuania in the European context, and Canada, Costa Rica and Paraguay in the American context. Our findings show that those who govern pretend to be unaware of the benefits related to adequate protection of minorities for the stability of national societies, as well as for democracy at large. As such, they are not always ready to implement the provisions that aim to protect persons belonging to minorities and claim the interest of the public good or arguments based on the unity of their people, territory or nation as reasons for doing so. In addition, it should be mentioned that some practical difficulties exist in the implementation of adopted norms. These include difficulties caused by financial reasons, for example, the cost of positive measures aiming at effective equality in the field of education, media, private and family life or the obligation to share with indigenous people the benefits generated by mining. Other reasons may be linked to underlying intolerance present in the majority population, for example, attacks on Roma settlements or prohibition on speaking a minority language in some spheres or places. However, the international rights of minorities are constantly evolving, drawing on the diversity of regional contexts and based on human rights and the right not to be discriminated against, as well as on the application, to all minorities, of elements of the rights recognized to indigenous peoples as the first inhabitants of a given territory. Moreover, in an effort to promote genuine democracy of a participatory nature, human rights bodies push national authorities to involve ever more members of minorities in decisions that affect them, thereby taking their needs into consideration. The comparative study of the protection of minorities in Europe and in America enables reporting the practical difficulties preventing minorities from being effectively protected and assists in understanding to what extent international law can help countries overcome these difficulties
Todorova, Marieta. "L'interdiction d'abus des droits fondamentaux." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Full textThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Beltrán, Cely William Mauricio. "Pluralisation religieuse et changement social en Colombie." Phd thesis, Université de la Sorbonne nouvelle - Paris III, 2012. http://tel.archives-ouvertes.fr/tel-00832693.
Full textBrennetot, Arnaud. "Géoéthique du territoire : le débat public territorial à travers la presse magazine d'opinion en France." Phd thesis, Université de Rouen, 2009. http://tel.archives-ouvertes.fr/tel-00592087.
Full textCherbi, Massensen. "La Constitution algérienne révisée par la loi du 6 mars 2016 : les limites du constitutionnalisme algérien." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020090.
Full textThe revision of the Algerian Constitution by the law n° 16-01 of March 6, 2016 gave the opportunity to introduce in the Basic Law the verification of constitutionality by way of exception (article 188) and the principle of separation of powers (Preamble, paragraph 13 and Article 15, paragraph 1). The extension of the referral of the Constitutional Council allows, in principle, to make the rights and freedoms guaranteed by the Constitution more effective. On this occasion, it questions the pluralism of sources that characterizes the Algerian legal order. With regard to the principle of the separation of powers, this revision has, for the first time, included it in the text of the Basic Law whereas the Constitutional Council had already recognized it in its opinion n° 1.ALCC.89 of 28 August 1989, following the Constitution of 28 February 1989, which removed all references to the one party system. Nevertheless, the powers of the President of the Republic have not fundamentally changed since the Presidentialist Constitution of November 22, 1976 where this principle had been openly rejected in favor of the one party. If the Algerian Constitution is now formally part of constitutionalism, the constitutional limits to the newly proclaimed principles question its reality
Ba, Oumar. "La politisation des partis à caractère ethnique dans les pays postcommunistes d’Europe Centrale et Orientale : une comparaison des trajectoires de la Bulgarie, la Serbie, le Monténégro et le Kosovo." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40052.
Full textThe revolutions of Eastern induced fragmentation of States were accompanied internally by a revival of ethnic parties, which is not without its problems in political democracy. Transitions and even more democratic consolidation are emerging a double phenomenon of interaction between actors and the system in search of a new equilibrium. Ethnic parties then politicize the system opens the ethnic actor. We are witnessing an evolutionary adjustment of the system to the new situation. The system opens to the new demands ethnic ways and to different degrees: between legalization and tolerance. Side actors, are gradually returning ethnic parties in the political game, in different ways and to different degrees. In our problem the field deploy interactive relationships between multi-level actors (parties-States) and in the various fields (political, societal and legal). Their connections are crossed between the State and international space, public and civil, political and social, with host countries or origin, but also the third States. They are separatist ambitions or simply political lobbies. We tried to highlight the main aspects of the complexity of the ethnic issue in young democracies political '' in consolidation ''. The ethnic problem of CEEC can help us to complete updating some general visions of political science? The actors involved are invited to avoid the pitfalls of nationalism perceived as '' petty '' or '' chaotic '' while serving the cause of a more flexible policy integration to the ‘‘democratic peace’’
Somé, Constantin. "Pluralisme socio-ethnique et démocratie : cas du Bénin." Mémoire, 2009. http://www.archipel.uqam.ca/2609/1/M11221.pdf.
Full textAitsaid, Farida. "La démocratie délibérative et le pluralisme : un défi contemporain." Mémoire, 2008. http://www.archipel.uqam.ca/1632/1/M10640.pdf.
Full textGagnon-Tessier, Louis-Charles. "Le conflit dans la communauté pluraliste chez Chantal Mouffe." Thèse, 2008. http://hdl.handle.net/1866/7522.
Full textParadis-Simpson, Françoise. "Les limites souhaitables et légitimes au pluralisme : une perspective constructiviste." Thèse, 2018. http://hdl.handle.net/1866/21753.
Full textSéguin, François. "Citoyenneté et identité nationale au Brésil : une remise en question du mythe de la démocratie raciale." Mémoire, 2010. http://www.archipel.uqam.ca/3903/1/M11957.pdf.
Full textHuard, Alexandre. "Les intellectuels et le caractère antipolitique de la culture en RDA." Thèse, 2008. http://hdl.handle.net/1866/2811.
Full textThe focus of this study is based on the antipolitical conception of culture in Germany presented by the German sociologist Wolf Lepenies. The appeal to culture beyond politics would have well survived amongst “official” East-German intellectuals, hence the survival of a humanist tradition anchored in the German idealism of the 18th century. This study argues by means of hypotheses that the supremacy of culture over politics in the GDR is not as omnipresent as Lepenies believes it is, on the one hand, and that there is on the other hand an instrumentalization of culture by the party in power (SED), which gave way to an ideologization of the humanist heritage of the German classics and to a moralisation of politics. By considering “inofficial” East- German intellectuals left aside by Lepenies and starting from the confrontation of the ideal-types of political humanism of the Enlightenment, represented by opposition groups which worked along with the protestant Churches, and real humanism, understood as an extension of the materialist ideology stemming from Marxism, which inspired SED politics and which corresponded with a ritualization of labour in the GDR, this study explores the antithesis between democracy and totalitarianism under the light of two types of Aufklärung : the Aufklärung of citizen and the Aufklärung of man.
Gholamhossein, Ferizhandi Parvin. "La gouvernance dans la pensée du calife Ali ibn Abî Tâlib (600-661 EC) dans sa Lettre 53 au gouverneur Mâlik al-Ashtar al-Nakha'î (m. 658 EC) et sa réception jusqu'à nos jours." Thèse, 2007. http://hdl.handle.net/1866/7938.
Full textSouare, Issaka K. "Les partis politiques de l'opposition en Afrique de l'Ouest et leur quête pour le pouvoir d'État : les cas du Bénin, du Ghana et de la Guinée." Thèse, 2010. http://www.archipel.uqam.ca/3534/1/D1961.pdf.
Full textHonorato, Marin Paula. "La protection légale des connaissances traditionnelles des peuples autochtones Mapuches, par rapport à l’utilisation des organismes génétiquement modifiés (OGM) au Chili." Thèse, 2011. http://hdl.handle.net/1866/5891.
Full textGiven the lack of economic resources and poverty, « GMOs » would appear to be a useful tool contributing to economic growth and food production, particularly in developing and underdeveloped countries. However, there is an equally important corollary issue we must address, namely the legal protection afforded by legislation both nationally and internationally, to « traditional knowledge » when they are faced with the use of GMOs. Understanding this interaction and its impact on culture is a significant issue at present, especially when one considers the importance of «local knowledge » as an element for the preservation of « biodiversity » and « sustainable development ».