Dissertations / Theses on the topic 'Pratique constitutionnelle'
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Altwegg-Boussac, Manon. "Les changements constitutionnels informels." Paris 10, 2012. http://www.theses.fr/2012PA100146.
Full textIn legal systems based on written constitutionnalism, a constitution is not only a written document, it also conveys the idea of a constitutional foundation. It establishes in the name of the people a lasting political and legal order. The rigidity of the constitution enables its progressive evolution, while preventing the legal actors from easily distorting it. The fact that the constitution may be altered without complying with the amendment procedure might reveal the inadequacy of written constitutionalism to regulate political power. This work surveys the discourses that aim at grasping informal constitutional changes, i. E. Changes of constitutional meanings by means of interpretation. Because they use concepts such as conventions, political practice and constitutional revolutions, these arguments sometimes confuse three distinct issues. The first one is identifying the change in constitutional rules (Part 1). The second one is defining the standards of recognition of their normativity even though they are outside the constitutional framework (Part 2). The last one is grounding the legitimacy of the informal constitutional changes (Part 3). Thus the concept of informal constitutional alterations remains elusive, which in turn reveals the tension between law and power, law and fact, law and politics. Discourses on this concept hesitate between maintaining the constitution as a normative and legitimate framework and abandoning it
Mathieu, Bertrand. "Les "Validations" législatives : pratique législative et jurisprudence constitutionnelle /." Paris : Économica, 1987. http://catalogue.bnf.fr/ark:/12148/cb366282709.
Full textBouterfas, Ali. "Les idées et la pratique constitutionnelle de Hassan II." Paris 5, 2010. http://www.theses.fr/2010PA05D003.
Full textThe purpose of this research focuses on the formulation of constitutional ideas of Hassan II, presented firstly through inheritance which underlies the ideological, religious and historical-political context; secondly in a more explicit set of pragmatic nature of discourse in which it is possible to extract legal principles and norms of constitutional law. We showed in the first instance the complex relationship between the Supreme Hassan II and the influence of conventions emanating from Koranic norms on organizing political power, patterns of devolution of royal power and the role of Mohammed V, his predecessor. The conceptualizations of Hassan's ideas on the constitution were influenced by his studies in French public law. Hassan II introduced in Morocco demands for a reorientation of the political destiny of the country towards the creating of a nation-state law derived essentially from Western nations. We have been able to decipher through speech ideas the underlying ideology of royal power against the institutions of a modern state, embodied in a certain vision of democracy. Furthermore, various views of Hassan II with regards to the doctrine of separation of powers, its mode of devolution, and the role of various bodies of power in the state can also be observed. Analysis of the 1962 to 1996 constitutions and its practice by the Moroccan king have also provided guidance on a synchronic approach by Hassan II of gradual constitutionalisation of royal power against the claims of the National Democratic Koutla by raising the relevant issues concerning the parliamentary reforms and governance. Ultimately, the constitutional ideas of Hassan II have matured to establish an original form of organizing power, combining specific features of the tradition and Shereefian Alawite and a reinterpretation of the role of the state and its organs of power in a legal system which favors royal institution
Matiatos, Christoforos. "Essai sur la pratique hellénique du droit constitutionnel intermédiaire." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010284/document.
Full textThis work studies, in its legal aspects, the process of breaches of constitutional continuity and the way out of them, in the course of the history of the modern Greek State. Process by which a regime in power disappears and another appears. Process in which legitimation precedes legalization. Process that reserves a varied fate to the former constitutional order and ends with the establishment of a new order. This process extends over a period that could be called "intermediate". Its duration varies, and it happens to be of a certain length. This was sometimes the case in Greece. But this period has its "law" that has a place in the general Constitutional Law in spite of its peculiarities that make it particular
Parjouet, Claire. "Une méta-constitution, la constitution de transition." Electronic Thesis or Diss., Pau, 2023. http://www.theses.fr/2023PAUU2148.
Full textConstitution-making process are processes whereby one constitution is replaced by another. They are regularly structured by a collection of texts. These transitional corpus form what can be described as constitutional law for constitutional construction. As a product of political actors choices, they reflect a reappropriation of classic constitutional tools and concepts in line with the issues and imperatives of the moment. In this sense, the law seems to be used as an instrument to normalise an abnormal period. The result is a series of contradictions that make it particularly com-plex to understand these texts, whether in terms of their nature or their function. A number of con-cepts have already been presented by legal writers in order to highlight some of their specific fea-tures. Following on from these reflections, this study proposes to use the concept of meta-constitutional law to define and analyse this paradoxical law
Guerrini, Marc. "L'identité constitutionnelle de la France." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1033.
Full textThe summer of 2006 was marked by the judicial adoption of the concept of constitutional identity of France by the Constitutional Council. The latter is a reserve for constitutionality, as well as the essential conditions for the exercise of national sovereignty, regulate the integration of EU law into national law. But its largely defensive aspect must be relativized. Indeed, the possibility of power asserted against European law rule or principle inherent to the French constitutional identity can not summarize alone the purpose of the reserve. It appears as a functional concept adapted to the regulation of relations legal systems that identity as a new standard for reconciling legal orders concerned the preservation of fundamental singularities of the French Constitution
Tiereaud, Sale. "Le droit international et la pratique de l'ingérence armée démocratique depuis 1945." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20002/document.
Full textDoes the international law authorize the recourse to the force with a democratic aim? Does the practice of the States and the international organizations since 1945 have to make emerge a rule sanctioning a right of armed intervention democratic? The problems of the democratic armed interference associate in the international relations right - power - ideology. If the States, in spite of the prohibition of the recourse to the force posed by the Charter of the United Nations, very often showed a certain reserve to be subjected to the international law, it should be recognized that the practice of those, very incoherent, selective and arbitrary, with regard to the armed democratic interference, mainly was apart from the legal provision. As well during the bipolar period as post bipolar, the particular interpretation of the legal provision international translates only the expression of the aforesaid instrumentalisation regulates with the profit of the ideology and the power. Even the practices of the United Nations and other international organizations cannot make it possible to establish a report of the existence of a legal provision international favorable to the military inversion of a non democratic regime, or favorable for the use of the force to promote, found, maintain, and restore a democratic regime. The practice in this matter is only circumstantial, extremely rare, inconstant and incoherent. The international law since 1945 does not recognize a right of interference armed democratic in spite of emergence more and more pregnant with a principle with international democratic legitimacy. This current trend, dictating a kind of democratic imperialism, made only support the appearance, in practice international law, attempts at new approaches of legality, which express a phenomenon of deconstruction whose interest, from the point of view of an epistemological criticism of the current rules, is not to neglect
Vergne, Arnaud. "La notion de constitution d'après la pratique institutionnelle à la fin de l'Ancien Régime : 1750-1789." Paris 2, 2000. http://www.theses.fr/2000PA020044.
Full textHennani, Norddin. "La protection de la constitution par le conseil constitutionnel au Maroc." Strasbourg, 2009. https://publication-theses.unistra.fr/restreint/theses_doctorat/2009/HENNANI_Norddin_2009.pdf.
Full textThe protection of the Constitution by the constitutional Council in Morocco, possible thanks to the constitutional revision of 1992, joins the reforms started by King Hassan II to strengthen the State under the rule of law. Unlike its predecessor (the constitutional Chamber of the Supreme Court which was not in good conditions to control the constitutionality), the constitutional Council seems to be a serious guarantee of the constitutional ascendancy. In addition of having inherited the former Chamber’s contribution, it also has been attributed the role of controlling the constitutionality of the common laws. The purpose of this thesis is to know if the Moroccan constitutional Council, which was based on the French model, can, in the long term, be effective in a political system supported by traditions and religion. The issue will be approached by pointing out the legitimacy and the efficiency of the constitutional Council. This thesis considers that the constitutional Council suffers from a deficit of legitimacy which prevents it from taking root in the legal political compost. It also considers that the High jurisdiction evolves in an environment which prevents it from carrying its mission as guardian of the Constitution
Benetti, Julie. "Droit parlementaire et fait majoritaire à l'Assemblée nationale sous la Ve République." Paris 1, 2004. http://www.theses.fr/2004PA010333.
Full textJussiaume, Anne. "Le juge et la constitution dans les systèmes britannique, canadien et israélien : contribution à une théorie de la valeur de l'écrit." Paris 2, 2002. http://www.theses.fr/2002PA020102.
Full textFoirry, Anne-Chloé. "Contribution à l'étude de l'interprétation de la constitution de 1958 par le président de la République." Paris 1, 2011. http://www.theses.fr/2011PA010257.
Full textAlsfi, Bodor. "La protection constitutionnelle des droits fondamentaux au Koweït : étude comparée au système français." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D008.
Full textIn 1962, one year after the independence, Kuwait issued its constitution which adopted the Monarchical regime, and organized the formal relations among the different public authorities (Legislature, Executive and Judiciary). The constitution announced the individual rights and liberties as natural rights which are sacred and unalienable. So, it was necessary to provide means to protect such rights. In other words, as most of countries, Kuwait had to overcome the difficulties that related to control the constitutionality of legislations. Therefore, the legislator issued a special law in 1973, that gave a birth to the constitutional court, which is specializing in verifying the constitutionality of legislation. It remains to highlight that the Constitutional Judiciary in Kuwait is not in a shelter away from criticism. Certainly, the existence of a constitutional judge as a guard of liberties is a great step toward the state of law. But in the practice side there are many obstructions that raise doubts about the effectiveness of his mission. This research proposes to identify these obstructions and mentions the efforts to establish a constitutional justice, which seeks to achieve the greater part of the rights and liberties guaranteed by the constitution. Under this title, the comparison with the constitutional council in France may grant us great interests with keeping in mind that each institution exercises its own functions in different (cultures, political, and social) conditions
Quezada, Cabrera Hernan. "L'affaire chilienne et le fonctionnement du système interaméricain de protection des droits de l'Homme." Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30014.
Full textThe process of recognition and protection of human in chile initiated in the past century suffered a considerable setback owing tothe coup d'etat of 11th september 1973. From that moment, serious, massive and systematic violations of human rights were commited in that country; by means of the constitution promulgated in 1980, and still in force, a political system of anti-democratic character was imposed, which brought about the suppression of important fundamental rights on the constitutional level. From 1973 to 1990, this situation was especially observed by different international organizations and institutions, among others the organization of american states (OAS). But the first international initiatives on the violations of human rights in chile were taken on the regional american level, in which the inter-american commission of human rights played a decisive role. According tothis organ of the oas, the main causes of the violations mentioned were the states of emergency declared from september 1973, as well as the system of the laws established by the military regime, and, particularly, the constitution of 1980. The numerous actions carried out by the organs of the inter-american system concerning the chilean situation have made visible the limitations of the principle of non-intervention in the case of serious and systematic violations of human rights committed in a certain country: in view of such violations, an intervention in the internal affairs of a state through an international organization appears to be juridically acceptable according to contemporary international law
El, Azzouzi Mohamed. "L’Effectivité de l’État de droit dans la Constitution marocaine de 2011." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0138.
Full textMorocco is in a decidedly modern perspective. This observation brings us back to the relevance of this theme in a country with a strong constitutional identity, driven by a remarkable extension of the foundations of its rights and freedoms.The new Constitution created in 2011 in Morocco is a founding act that crystallizes the legitimate aspirations of citizens. It constitutes through its provisions, the revaluation of human rights, justice and freedom. Thus, constitutional justice, a new concept created by the current Constitution, is an essential element in the rooting of democracy. This project aims to establish an institutional revival, which confirms the irreversible choice of the democratic state in which Morocco asserts itself.This thesis focuses on the evolution of the state governed by law in Morocco since the adoption of its new Constitution. This theme immediately appears paradoxical because of the existence of nuances between theories and practises. Throughout our research, we have tried to understand this evolution in its response to the requirements for the protection of fundamental rights and freedoms. Furthermore, following the entry into force of this Constitution we have seen the successive apparition of other mechanisms, such as the interlocutory question of constitutionality. Therefore, it is a certain fact that today Morocco seems to be oriented towards a constitutional approach of justice, where the new Court is henceforth the guarantor of the supremacy of the Constitution through a posteriory oversight.These elements led Morocco to adopt its new Constitution, which is a turning point for the country inclined to a transformation of the notion of the state in its traditional concept, towards a modern state, where the state is subject to the law. This is the direction that Marocco has chosen in order to make of the law the supreme point of reference. Morocco therefore continues to change its constitutional system through many mechanisms which reflect the rise of modern democracy
Alssadek, Mohamed. "Notion et pratique de la démocratie en Libye sous l'ère Khadafi." Electronic Thesis or Diss., Université Paris Cité, 2023. http://www.theses.fr/2023UNIP7162.
Full textDemocracy as a term is derived from the Greek word "d¿mokratia", which was coined from d¿mos ("people") and kratos ("rule or authority"). Since the emergence of the term, it has not had a comprehensive definition, but currently most authors and philosophers have identified it as a system of government linked to the rule of law and fundamental rights and freedoms. It was considered by the United Nations and international organizations as; a set of universal values. Since its independence in 1951, Libya has had a different style of democracy. It had adopted a hereditary monarchy system in federal form, a written constitution stating that Muhammad Idris al-Senussi is the king, and a parliament consisting of two chambers, which also demanded the separation of powers. The United Nations committee, led by Arian Belt, helped in establishing Libya, and the constitution was amended to make Libya a federal state in 1963. In September 1969, a group of young army officers led by Muammar Gaddafi seized power and announced the fall of the kingdom and the establishment of the Libyan Arab Republic. The fall of the Kingdom was followed by the dissolvement of the constitutional institutions, the establishment of the Revolutionary Command Council and the Arab Socialist Union, and the application of Nasser's ideology until the Cultural Revolution took place in April 1973. The Revolutionary Command Council abolished all laws and replaced them with the Qur'an. On March 2, 1977, a new unique system was adopted. Gaddafi wrote a theory called the Third International Theory in the Green Book, and the Declaration on the Establishment of the Authority of the People was declared. Since then, the name of the state has become the Great Socialist People's Libyan Arab Jamahiriya. From a theoretical perspective, this ideology is a set of criticisms of the communist and liberal systems. Because he criticized the system of representative governance across parliaments, governments, the constitution, referendums, parties, and the political class. He proposed alternative solutions, which are direct democracy through the General People's Congress, the General People's Committee, unions, and professional associations, which are tools based on unity of power, where everyone over the age of 18 is a member of the congresses. But on the practical side, it is also a representative system, so we noted that the process of naming officials and the process of enacting legislation does not take place in a direct manner. The participation rate in it is also low compared to the population, and there is a lack of elite renewal processes. The situation continued in Libya until 2003, which was known as the phase of reforms, when the Libya Al-Ghad project led by Saif al-Islam Gaddafi, son of Muammar Gaddafi, was implemented. Development began, prisoners were released, and a new constitution was written, but the path was disrupted after the outbreak of the civil war in 2011. The situation worsened, and the power and influence of militias and terrorist groups increased, corrupting the process of democratic transition. In conclusion, Libya has not experienced true democracy either during the monarchy period, the Gaddafi era, or the last two decades
Stanic, Adjacotan Dossou Bernard. "La licéité en droit constitutionnel." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D005.
Full textAlthough constituting a concept a priori and foreign to the law, licitness permeates the legal discourse. This conspicuous presence is characteristic of the original influence of this notion, wich underlies the law. The normative propensity of licitness places it at the source of any legal order. Licitness, because of its axiological imprint, maintains a dialectic relationship with the law. It participates to the formulation of the legal norm, inspires its prescriptions, and guides its application in the name of the fundamental values and principles a society intends to preserve from any alteration. Correlatively, the law, in particular, the contempory constitutional law, through the normative project wich it formulate and wich is concretized in the jurisprudential constructions, contributes to the identification of the licitness. As a notion with a fleeting character, lawfulness cannot be buried in a fixed termes of the rule of law. It is inspiring in the phases of formation of normative acts as well as at the time of their application. Out of this classical field of systematization, this notion, on the basis of its moral potential, has been introduced in the constitutional field. Clearly, its metajuridic character is a useful reference for discovering the new horizons of neo-constitutionalism. Usually licitness is referred to, to appreciate the adequacy of the rule of law to the values and the principles of the many modern Constitutions ; though it is marked by impassable limits opposable to the public authorities in a democratic constitutional order. The goal of this study rely on omnipresent of the notion in the law, and wich has presented itself as a source of moralization of acts and behaviors. Beyond the whole, constitutional law, based on his normative and jurisprudential aspect, receives and transmits the axiological requirement by definition of the notion of licitness
Barbaroussis, Nicolas. "La fonction régulatrice du président de la Troisième République héllénique." Paris 2, 1994. http://www.theses.fr/1994PA020020.
Full textThe object of this thesis is establishing the regulatory function of the president of the third greek republic. The king's intervention in the function of the regime led the authors of the 1975 constitution to a detailed regulation of the relations between the executive and the legislative. The president of the republic was invested with powers of a regulatory character in his relations with the government (the prime minister), the parliament, the political parties and the people. The 1986 constitutional revision changed the legal role of the regulator of the regime by abolishing part of his powers and transferring some of them to the government (the prime minister), the parliament and the political parties. In the first part we attempt a legal interpretation of the president's powers to regulate the regime according to the 1975 constitution; next we ewamine the practice followed by the head of state under the same constitution with a view to establishing the regulatory function in his relations with the government (the prime minister), the parliament, the political parties and the people. In the second part we proceed in a similar way, to interpret his powers of a regulatory character and examine the practice followed by the president to clarify his new regulatory function under the revised constitution. The practice followed by the regulator of the regime led us to distinguish between the institutionalized regulatory function, provided for by the constitution, and his noninstitutionalized regulatory function, non-provided for by the same constitution. An array of factors of the legal, political, socio-political and personal character make his role relevant. The human factor, the political conditions, certain socio-political phenomena, and mainly the party system exert
Dragotoniu, Nicoleta-Oana. "Avant "l'État-juge" : pratique juridique et construction politique dans la société valaque au XVIIe siècle." Doctoral thesis, Université Laval, 2004. http://hdl.handle.net/20.500.11794/17928.
Full textRebourg, Émilie. "Les normes constitutionnelles programmatiques en France et en Italie : contribution à l'identification d'un concept." Electronic Thesis or Diss., Toulon, 2013. http://www.theses.fr/2013TOUL0071.
Full textStill subject to a certain level of vagueness in France, the concept of programmatic constilutional norms (PCN) required acomparative analysis based on the Italian experience in order to identify its trontiers and subsequently study ils place in law. Il appears that the PCN reters ta a multiplicity of normative categories ot axiological and teleological character, serving as political strategy while structuring the legal system. Moreover, the introduction of programmalic form in modern constitutions combines the vagueness of the norm in its modern formulation to the law in ils classical variant. Programs have struggled to find their place in law. The peN seem to be a priori denied of legal effect, their rather vague wordings would only established simple goals. However, their development in the legal space seem important enough 10 avoid PCN to be considered as legal oddities that couk' attend ta the purity of law. Indeed, Ihe concept of PCN connects to real programmatic constitutional norms whose normativity remains peculiar, sign not of a "crisis" of the law, but of its "evolution"
Estanguet, Pauline. "Rejuger la constitutionnalité de la loi." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2021/document.
Full textAccording to the organic law relating to the « question prioritaire de constitutionnalité » (QPC), a law may essentially be reviewed by the constitutional council, if it hasn’t already been validated in a former court decision. But exceptionally, a court review may be justified by a change circumstances. Just like every court decision, a court ruling based on both articles 61 or 61-1 of the Constitution must be detailed. Thus, it appears to be necessary to make possible for every litigant to question what had already been ruled. However, this judicial control is about laws that already entered into force and took effect. Indeed, it may represent a significant cause of legal insecurity.Then, the constitutional judge has been spending seven years balancing those issues. On one hand, the possibility to submit a QPC is a real right for the litigant, which efficacy is made possible by an effective access to the constitutional court. On the other hand, the court has to preserve all existing legal situations and acquired rights. Now that the age of reason has been reached, this study is aimed at showing and analysing the behaviour of the judge, and also proposing some adjustments necessary to the development of a quality constitutional justice
Kamtsidou, Iphigénie. "Pratique et révision constitutionnelles dans la République hellénique : 1975-1986." Paris 10, 1989. http://www.theses.fr/1989PA100095.
Full textThe main subject the greek constitution of 1975 dealed with, was the position and teh role of the president of the republic. The constitutional text gave him certain important powers wich might allow him to function as a govermental factor. The constitutional practice dissipated the ambiguities that clouded the form of the government. The country was governed by strong cabinets that were supported by cohesive and stricktly disciplined parliamentary majorities. The reinforcement of the executive was realised in the person of the prime minister, and the head of the state was given a rpincipally symbolic and honorary role. The constitutional revision of 1986 corresponded to the tactical needs of the governmental party. Its conformity to the former practice confirme the monistic character of the regime. The 1986's revision has introduced very rigid and detailed dispositions which may provoke either the obstruction of the constitutional system or the violation of the constitutionnal rules. The interpretation of the new dispositions cannot be achieved otherwise but in comparison to the former practice, that reveals the close relationship between the formation of the constitutional norms and the party system
Rebourg, Émilie. "Les normes constitutionnelles programmatiques en France et en Italie : contribution à l'identification d'un concept." Thesis, Toulon, 2013. http://www.theses.fr/2013TOUL0071/document.
Full textStill subject to a certain level of vagueness in France, the concept of programmatic constilutional norms (PCN) required acomparative analysis based on the Italian experience in order to identify its trontiers and subsequently study ils place in law. Il appears that the PCN reters ta a multiplicity of normative categories ot axiological and teleological character, serving as political strategy while structuring the legal system. Moreover, the introduction of programmalic form in modern constitutions combines the vagueness of the norm in its modern formulation to the law in ils classical variant. Programs have struggled to find their place in law. The peN seem to be a priori denied of legal effect, their rather vague wordings would only established simple goals. However, their development in the legal space seem important enough 10 avoid PCN to be considered as legal oddities that couk' attend ta the purity of law. Indeed, Ihe concept of PCN connects to real programmatic constitutional norms whose normativity remains peculiar, sign not of a "crisis" of the law, but of its "evolution"
Jacquet, Guéric. "Les stratégies constitutionnelles des partis politiques en France depuis 1969." Paris 10, 2011. http://www.theses.fr/2011PA100109.
Full textThis thesis consists in a reflection on the political parties’ institutional positions through the notion of strategy. The apparent consensus of the French political parties on the institutions starts when those who were fighting against the new regime progressively rally the 5th Republic. Each party then builds a distinct constitutional strategy although they conduct similar constitutional tactics. The French political parties have to adopt a differentiated constitutional strategy which would be linked to their constitutional history and their political programs. However the parties’ autonomy has adapted to the direct universal suffrage of the presidential election, which forces them to accept the new institutions and the will of the President if their leader has been elected. Therefore the debate on the alternatives to the 5th Republic has changed into a debate on specific changes to make to the new institutional regime. Indeed each party has to distinguish itself from its competitors by proposing constitutional innovations. Since 1969, a party doesn’t create a global strategy aiming at implementing its constitutional doctrine; it draws a constitutional doctrine which would be compatible with its own constitutional differentiation strategy. The constitutional tactics strongly differ from the strategies. The constitutional tactics aim at using the Constitution with a short term political objective. The political parties try to use the Constitution to maintain their political positions or strengthen their influence. The constitutional tactics give them flexibility allowing them to change their positioning and to lead a war of attrition against the other parties
Truffin, Barbara. "Représentations et pratiques du "Droit" en Amazonie équatorienne: la garantie constitutionnelle des droits des peuples indigènes en contexte." Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211099.
Full textBotopoulos, Costas. "Les socialistes à l'épreuve du pouvoir : France, Grèce, Espagne dans les années quatre-vingt : idées et pratiques constitutionnelles." Paris 1, 1991. http://www.theses.fr/1991PA010279.
Full textThe three socialist parties of France, Greece and Spain arrived in power having declared their intention to change profoundly the political system in their countries. The experience of power proved that it was the parties themselves, their political role and the way they function, which were to be transformed ; the socialist governments accepted the political institutions they inherited and did not even try to impose w new constitutionnal logic
Pons, Jean-Jacques. "L'influence des modes de scrutin et des réformes constitutionnelles, pendant la période 1956-1962, sur la vie politique dans l'Hérault." Montpellier 1, 1988. http://www.theses.fr/1988MON10024.
Full textThe french political set-up during the period 1956-1962 has direct incidence on political life on the department of herault. Are analysed the reactions of departmental political components and the results of legislative elections, both referendary and presidential the projects of constitutional reforms and of modifications of the electoral rules constitute the main topic of the departmental political debate headed by two personalities jules moch and paul coste-floret
Esambo, Kangashe Jean-Louis. "La Constitution congolaise du 18 février 2006 à l'épreuve du constitutionnalisme : Contraintes pratiques et perspectives." Paris 1, 2009. http://www.theses.fr/2009PA010272.
Full textMontis, Audrey de. "La rénovation de la séance publique du Parlement français : étude sur l'efficacité politique de la réforme constitutionnelle de 2008." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G014.
Full textThe public session was considered in 2008 as a legal instrument whose transformation has allowed resolution of the pathologies affecting the Parliament. Indeed, it appeared that the dysfunctions of parliamentary work were numerous and old. MPs and senators regularly tried to remedy this, but until 2008, without success. Thus, it was decided to use the written law to finally force effectively, changes of behavior impeding the quality of the public session.The grantor sought, firstly, the assistance of the commissions legislative to reform the "work" part of the Parliament. A form of complementarity was established between the commissions and the Chamber. In a second step, the grantor has organised the "debate" or "word" part of the Parliament. The elected traditionally likes discussing in an appropriate forum that promotes media coverage. So there is a new "mix", rather original, between these two classic figures of Parliament. A member of parliament or a senator is now interested in expressing himself in committee or in public session to change a law under consideration or to ask to a member of the Government on points of his policy, thanks to the new control tools at its disposal. The "political speech" of the Parliamentary has been restored. However, it is true that his "political speech" was adjusted, even framed. A new articulation emerged between these two aspects of the parliamentary speech following the constitutional reform of 2008. Apparently, it has strengthened one over the other, which paves the way for a revival of Parliament. The Constitutional Law of 23 July 2008 led to the consecration of several legal standards and the emergence of many practices that have both given birth to a new and public session, even several public sessions, because of the differentiated integration of certain rules by both chambers. Ultimately, through a thorough analysis of the legal standards set, it is needed to prove that the public session is an effective but still perfectible way to enhance the Parliament
Carvalho, Filho José dos Santos. "De la théorie à la pratique de l'activisme judiciaire : la technique de l'interprétation conforme à la constitution en contrôle a posteriori : étude comparée Brésil-France." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0008.
Full textFor a long time, the lesson of Kelsen about the constitutional judge as a negative legislator has been spread around the world. Nevertheless, new kinds of techniques for decision of judicial review that give judges more power to deal with breaches in the constitution under mine this historical notion. Indeed, contemporary constitutionalism includes several types of decisions enacted by constitutional courts creating new rights and obligations. As a result, there seems to be an inconsistency between Kelsen's paradigmatic theory and the constitutional practice in some countries. The purpose of this thesis is to analyze this question by means of a comparative law study between Brazil and France. It focus on the technique of decision constitutional avoidance, in which is possible to analyze certain cases of the Conseil constitutionnel and the Supremo Tribunal Federal. At a first moment, in orderto verify how these Courts handle this type of technique of decision and then to identify how the context of each country influences the conduct assumed – self restreint or judicial activism. After considering these aspects, this thesis is developed around establishing a relationship between interpretative prudence and the framework of the constitutional judge, in order to investigate how the social, historical, political and legal contexts can promote or constrain judicial activism
Fruci, Gian Luca. "Il popolo elettore : discorso, norma e pratiche del primo voto a suffragio universale in Francia e in Italia (1848-1849)." Paris, EHESS, 2007. http://www.theses.fr/2007EHES0135.
Full textThe thesis examines - through a comparative approach - the first European realization of the maie direct universal suffrage, which takes place both under the Second French Republic and the Italian démocratie expériences (Venice, Rome, Tuscany). As far as public discourse and law are concemed, the thesis focuses onto the debates starting from the Thirties and the 1848-49's codifications. On the contrary, as far as the political expériences are concerned, it analyses the convocation of the French and the Roman Constituent Assemblies. Thus, this spécifie multidimensional approach allows an actual vérification of the collective aspect of the 1848-49's v te. Besides, it shows itself not as the resuit of the interaction between an arcaic society and political vision and some assumed modem institutions, but as the conséquence of a spécifie concept of the suffrage and as its tranformation into électoral rules. Yet, the protagonist of the whole process is not the individual elector, but a sort of "elector people", who is celebrated precisely because of both his wiseness and his natural inclination towards the best possible choice
Julien, Marc-Antoine. "Le processus de qualification pénale : étude sur la transformation des faits en droit dans le traitement des contentieux de masse." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100116.
Full textCriminal qualification is conventionally considered as a sub-category of the legal qualification and shares with it the same definition and the same characteristics. It is actually conceived as an intellectual operation and, as a consequence, thought out in its own dimension. This qualifying operation appears as a translation of the facts in law by the use of legal language. The researcher who intends using this qualification process as his purpose of study is necessarily confronted with subjects that are unfamiliar to him such as linguistics and cognitive psychology. To circumvent the difficulties inherent to these subjects, it is possible to make a paradigm shift to the approach of the criminal qualification. It can be forseen in the terms of the process. This concept allows to give the criminal qualification its institutional dimension and to consider it as the product of micro-decisions of actors in a network. Their respective actions form different stages of this complex process which ultimately leads to the criminal definition of a situation. This research proposes to implement the concept of process of criminal qualification in mass litigation, areas that are favorable to the observation of qualification practices. The analysis of these practices observed from empirical work has permitted to verify the hypothesis that criminal qualification is formed through networking. It therefore appears as the product of various actors/participants dealing with objectives and institutional constraints. From the concept to the exact qualification, criminal designation is the result of a multifactorial process
Augoyard, Marc. "Les procédures de révision des traités de l'Union Européenne : Contribution à l'étude de la rigidité en droit de l'Union Européenne." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30033.
Full textSingle European Act, Maastricht, Amsterdam, Nice, Lisbon, enlargements… Over a 25-year period, the major revisions of the European Union treaties followed one another at an intensive pace. If that series is necessary for a progressive process of integration, it also illustrates the challenge of reforming the Union. The purpose of this study is to determine the level of rigidity of the European Union Treaties by searching the legal causes, obstacles and consequences of the (in)adaptability of the treaties. Rigidity originates from the constitutionalisation process of the treaties, which consolidated their formal and substantial protection through the emergence of limits to the revision power. The rigidity of the treaties is further increased by that of the ordinary revision procedure, which is based on two notions that may appear antinomic: the respect of the Member States sovereignty (through the plurality of the national mechanisms of ratification), and the willingness of democratisation (through the emergence of European mechanisms of legitimacy). In order to facilitate the adaptability of the treaties, the Member States established simplified procedures, which complement and derogate to the general procedure. As they do not significantly differ from the ordinary revision procedure, they are not efficient; a reconsideration of the rigidity of the treaties can then be observed through the development of an implicit revision of their provisions as well as a cooperation between Member States, the intensity of which is differentiated, and which may grow beside the Union’s institutional framework. Therefore, the pursuit of efficient ways to relax the rigidity of the treaties is necessary to maintain both their position within the legal order and the unity of the European integration process within the framework of the European Union
Nomo, Mvilongo Sylvain. "La formulation du panafricanisme dans la pratique conventionnelle et constitutionnelle en Afrique." Mémoire, 2013. http://www.archipel.uqam.ca/5941/1/M13225.pdf.
Full textChenette, Mathieu. "La constitutionnalité du par. 515(6) du Code criminel et d’autres sujets touchant la libération provisoire au Canada." Thèse, 2018. http://hdl.handle.net/1866/22848.
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