Dissertations / Theses on the topic 'Procédure parlementaire'
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Finelli, Pietro. "L' image du Parlement dans les débats sur la procédure législative en France et en Italie (1815-1920)." Paris, EHESS, 2002. http://www.theses.fr/2002EHES0052.
Full textThe subject of the dissertation is the gradual transformation of the nature of the sovereignty and of its exercise modes throughout the XIXth Century. In this context the Parliament, with its institutional evolution from the notables to party system, is a preferential viewpoint. Especially the dissertation focuses on the debate about legislative procedure and the choice between the office-system (système des bureaux) and the committee-system (système des commissions). This is not a merely technical question. First of all this debate is very important for what concerns the definition of the relationships between the political and the social sphere, in so far as it shows us the evolution from a vision of the parliament as a sociability reseau, like the salon or the club example, to politics as profession. Also the debate is important since it shows us the opposition between a holistic conception of politics (most popular in XIXth Century) where pluralism is accepted only as a step to the unity of the political body, and the supporters of pluralism and of party system. The dissertation prefers to approach these questions from a comparative standpoint aiming to show the existence of a homogeneous European (and especially French and Italian) culture. Methodologically, its approach to these question is that of an “intellectual history of the Institutions”, substantially different from any draft of the evolution of parliamentary rules: that is a history that wants to compare the different debates and deliberations and to study the links acting each time among the prescriptive element of the rule, the cultural element of the theory and the factual element of the practice
Quint, Alexis. "L'autorisation des dépenses de l'Etat : une procédure de contrôle parlementaire." Lille 2, 2005. http://www.theses.fr/2005LIL20030.
Full textThe approval of the budget does not belong to the legislative function of the Parliament but is rather set up through a scheme of control of the State's spending. Before the LOLF, the Parliament was facing difficulties in exercising this control. The new scheme, a true revolution of the budgetary logics, will induce the PArliament to go back to the origins of taxes approval. The parliamentary control is now organized within a yearly budgetary cycle, the vote of the initial appropriation bill being the beginning and the end of this cycle. Even if the parliamentary control is based on a renewed presentation of the spending and the evaluation of its efficiency, it is not a control of the reliability of the estimates, neither a control of the administrative management of the spending, but rather a control, with the public interest in mind, of the public funds. Only such a reading will allow a useful implementation of the right of amendment and the responsibility towards the PArliament of the public credit managers
Hutier, Sophie. "Le contrôle de la procédure parlementaire par le Conseil constitutionnel." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1033.
Full textThe constitutional council, established by the constitution of October 4th, 1958, defines itself as a “regulating organ of the activity of public authorities”. In that definition, the constitutional council clearly sets that it controls Parliament actions. Eventhough the constitutional judge as the power to exert a limited control over Parliament actions, the constitutional council found a way to encompass those actions into a disciplinary framework. The Constitutional council imposes a binding and effective formalism on Parliament proceedings. This formalism is a mean to regulate Parliament debates through a set of constitutional rules such as the clarity and sincerity in the debate. The constitutional control over Parliament tends to reinforce since it aims at promoting new objectives such as the efficiency of Parliamentary procedures
Bana, Karim. "Le droit parlementaire au Maroc : un corpus adapté au confessionnalisme politique." Perpignan, 2006. http://www.theses.fr/2006PERP0686.
Full textVintzel, Céline. "Les armes du gouvernement dans la procédure législative : étude comparée : Allemagne, France, Italie, Royaume-Uni." Paris 1, 2009. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D17%26selfsize%3D1.
Full textMauguin-Helgeson, Murielle. "L'élaboration parlementaire de la loi : étude comparative (Allemagne, France, Grande-Bretagne)." Paris 10, 2004. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247175703.
Full textThis thesis investigates the role of parliament in the legislative process in three systems of government : France, Germany and the UK. It scrutinises the role played by the different actors from a comparative perspective in order to give broader context to the French vision of the function of parliament. These three systems, characterised by stable majorities, have been chosen for the purposes of this study because they are representative of distinct approaches to the role of parliament in the law-making process. The similarities and differences provide a basis for scrutinising to the most common criticisms of the French parliamentary system. While providing a detailed comparative analysis of procedural rules, the study demonstrates that the main characteristics of the law-making process in each system depends largely on the characteristic "parliamentary culture" of each country [respectively defined in broad terms as "authoritarian", "consensual" and "marjoritian"]
Ahmadi, Nassr. "Droit parlementaire iranien." Paris 2, 1997. http://www.theses.fr/1997PA020021.
Full textI began in 1992 for my doctorat in law at the university of paris ii (panteon - assas) in the france. The aime of the thesis iranian parliament laws. It describes the foundations of parliament, the methodes of legislation and characteristics of legislators. The connection of government and society with parliament is perfond. The constitutional monarchy is different with the islamic parliament and their respective senate and concil of sentinel are described. Also the special councils such as council of regency, assembly of founder members in constitutional monarchy regime, the assembly of experts in islamic regime and the constitutions of both regimes are different and contrasted
Bilger, Street Hélène. "Le contrôle parlementaire en France et en Grande-Bretagne : étude comparée des procédures de contrôle de la Chambre des Communes et de l'Assemblée nationale." Paris 1, 2000. http://www.theses.fr/2000PA010324.
Full textClinchamps, Nicolas. "Parlement européen et droit parlementaire : essai sur la naissance du droit parlementaire de l'Union européenne." Paris 1, 2002. http://www.theses.fr/2002PA010289.
Full textBertrand, Marine. "Documents parlementaires et écriture de la loi." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0495/document.
Full textThe choices made by parliamentarians in the exercise of their functions are the result of an analysis of the motivations of citizens. Morality is more and more invoked within the political sphere. The vision of the world depends on the stability of a political system because a crisis of morality can upset everything. Religions are no longer the first sources of conduct, nor is morality and otherness no longer helpful. The human being is more than ever in search of an ideal. Could the reference to a higher standard be replaced by the reference to a supreme standard? It is under this term that the constitution appears whose importance goes beyond the normative impact. Constitutional law and parliamentary law are closely linked. Citizens not only need to define the place of parliament through the lens of an idealized aspiration, but also that the role of parliament must conform as much as possible to it. The difficulty is then to know if the parliamentary life must immutably agree to the constitutional rules or if conversely the evolutionary construction of the parliamentary practices must guide constitutional changes. Legislative power exercised by parliamentarians depends on the legal basis of their prerogatives but also on the elements that underpin their choices and the consequences attached to them. In other words, writing the law is a phenomenon that necessarily has antecedents. These elements can be apprehended as documents. The subject is entitled "Parliamentary documents and the writing of the law"
Mignon-Martinez, Caroline. "Les commissions d'enquête parlementaire sous la Ve République." Reims, 2002. http://www.theses.fr/2002REIMD007.
Full textParliamentary commissions of enquiry haven't been subject to any thorough study for more than twenty years. Little is known about legal regulations of commissions under the Fifth Republic. The purpose of the thesis is to define the judiciary system of those commissions. To analyze the enquiry power of the chambers, the first part is dedicated to the foundation of enquiry power, which can be understood only in its political and necessarily parliamentary framework. Besides, if the legislator has gradually admitted the possibility of giving commissions of enquiry some prerogatives of legal nature, is this decision suffcient and suitable ? This question brings about another one : indeed, what can we expect such an investigation, with almost legal aspect, and exerted by members of a parliament ? These questions form the subject of a second part. So, the purpose of this study is to point out how the right of enquiry exerted by assemblies is an atypical instrument of parliamentary control, the function of which seems essential today in our institutions
Ridard, Basile. "L'encadrement du temps parlementaire dans la procédure législative : étude comparée : Allemagne, Espagne, France, Royaume-Uni." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D075.
Full textTime is a major element in the Parliament and is usually analyzed from a very political perspective. Time is at the core of the clash between members of parliaments, whose aim would be to prolong the procedure, and members of the Government, who in contrary would attempt to shorten it. While such statement seems to be pertinent talking about the political reality of the Parliament, it can only result from the research of the political parties strategies and not of parliamentary rules.Yet a large number of norms are devoted to parliamentary time, including constitutional texts and rules of procedure of parliaments, which shows its importance for the legislative process. Consequently, this research proposes to conduct a strictly legal analysis of the temporal framework of the legislative procedure in the British, French, German and Spanish parliaments.The use of the comparative method allows to distinguish between two types of legal norms concerning the parliamentary time. Peremptory norms, which impose to parliamentarians and ministers precisely determined deadlines for actions and dispositive norms, that empower them to act throughout the legislative procedure. This legal classification allows to see that temporal rules are mostly very precise though not always respected. Therefore in order to be able to reassess the parliamentary practice, it is essential to start with the analysis of these rules
Guettier, Christophe. "Le Conseil constitutionnel et le droit parlementaire sous la Ve République." Paris 1, 1986. http://www.theses.fr/1986PA010288.
Full textTürk, Pauline. "Les commissions parlementaires permanentes et le renouveau du Parlement sous la cinquième République." Lille 2, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247175666.
Full textDespite the strict framing of their status and prerogatives resulting from the constitution of 1958, french parliament standing committees are taking more and more influence. Successive constitutionnal and reglementary reforms and evolution of parliamentary practice have asserted them has the instrument of modernization of parliament's working, révaluating it's position in the fifth republic institutions. Windening out their autonomy in the delibarating process and in the parliamentary system, standing committees are working on adaptating parliament's traditional functions of legislation and control, but also on developing new functions related to european and foreing affairs
Domingo, Laurent. "Les actes internes du Parlement : étude sur l'autonomie parlementaire (France, Espagne, Italie)." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32061.
Full textFaure, Géraldine. "L'apport des commissions permanentes à l'unification de la fonction parlementaire." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3062.
Full textFor a long time now, standing committees have been playing, in the conduct of parliamentary work, a major part, which serves as a gauge of the institutional balance between Parliament and the Government.In that respect, the constitutional provisions devised in 2008 strengthen standing committees' prerogatives, as a means to stability in these relations.A reenactment of standing committees’ role untill 1958, the work carried out nowadays within these bodies tells us about the very essence of the parliamentary function.Inherited from modern parliamentarism, the authorized summa divisio in literature, opposing legislation to control, constitutes an inadequate framework for a comprehensive understandingof parliamentary work under the Fifth Republic, especially in the standing committees.The constituting power gave a decisive impetus for an incipient movement within these instances towards, in our opinion, the fusion of traditional parliamentary functions. Indeed, although the exercise of the right of amendment amounts to legislative activity, it is nonetheless a singular instrument of scrutiny in the hands of members of Parliament. In addition to this classical tool, a number of hybrid mechanisms is gradually being added, such as quality control of the law, that of impact studies of bills, parliamentary scrutiny of European policy, etc.Those new methods result from unprecedented prerogatives that the members of parliament are now entitled to use.Although Parliament is the ultimate political arena, it is meanwhile a privileged place for the search of compromise, mainly within the standing committees. This thesis tries to prove that, beyond their diversity, standing committees fulfill a specific function in all the activities they carry out: concertation
Benetti, Julie. "Droit parlementaire et fait majoritaire à l'Assemblée nationale sous la Ve République." Paris 1, 2004. http://www.theses.fr/2004PA010333.
Full textFondraz, Ludovic. "Les groupes parlementaires au sénat sous la cinquième République." Paris 1, 1997. http://www.theses.fr/1997PA010288.
Full textNowadays, political groups occupy an essential part in our parliamentary institutions, but their own existence was contested for a long time because they were considered contradictory with the representative system which does not admit any division in the representation. After a slow evolution, the groups established their places in our parliamentary system, and besides their reglementary recognition, they accede, in 1958, to the constitutional consecration, even if it's only implicit. However, one only needs to look at the disposition of the rows in the two assemblies to notice that, if there are some similarities between the groups in the two chambers of the parliament, there are also many differences. The appearance of the majority logic in the senate's debates, at the beginning of the 1980s, oblige the high assembly to reconcile its usual policy of saving the independence of the parliamentary mandate with the practical requirements of the efficiency, given by political groups. To attain this collective efficiency, the centre groups have been forced to convert themselves to the principle of voting discipline, best garantee of the political unity of the groups. The majority logic produce a real socialisation of the senatorial life and the inevitable confrontations of the different political groups in the assembly. This conception of the organisation of the parliamentary works can be seen essentially by the omnipresence of the groups within the senate's regulation. First of all, political groups are present on the legislative level. They follow the project or the law proposition from its deposit until its eventual presentation to the constitutional council, and propose some modifications that they judge useful, using mainly the right of amendment. They also participate in controlling the government, which means now a large part of France's European policy
Péri, Alexandra. "Le pouvoir exécutif dans le processus de formation de la loi dans l'histoire constitutionnelle française." Paris 1, 2006. http://www.theses.fr/2006PA010285.
Full textDonazar, Francis. "Les groupes parlementaires à l’Assemblée nationale sous la Vème République." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020066.
Full textParliamentary groups - which are inherent to the contemporary representative government - constitute the internal formations of parliamentary assemblies. Institutional practices have progressively put the emphasis on parliamentary groups over time and, albeit lambasted for a long time in France and in other regions, the latter have become key players in political life. From the 1789 Estates General, the French parliamentary history has revealed a natural and spontaneous propensity to form groups. Nowadays parliamentary groups are recognised institutions which are enshrined in law. First acknowledged by the July 1, 1910 resolution which modified the rules of the Chamber of Deputies, then by the short-lived Constitution of the Fourth Republic, these cogs in the machine of parliamentary life and political relations between assemblies and executive branch were formally recognised in the Constitution of the Fifth Republic on July 23, 2008. This legal anchoring has exacerbated tensions with the classic principles of representative mandates - the ban of imperative mandates in particular - and with the core nature of Parliament, i.e. being a deliberative body, which are the central tenets of parliamentary open sessions. The establishment of multiparty democracy has reinforced parliamentary groups: as the natural continuation of the electoral democracy of which they ensure consistency on the parliamentary level, both for the majority and the opposition, parliamentary groups have proved to be essential in the political chessboard, then in the institutional spectrum. Nowadays they are the cornerstone of representative democracy. The objective of this research which tackles the very heart of political life is to analyse the role assigned to them under the French positive constitutional and parliamentary law, but also to highlight the limits of the latter to this inherently political and inevitable phenomenon
Desclodures, Harold. "Le droit administratif des assemblees parlementaires." Lille 2, 1999. http://www.theses.fr/1999LIL20010.
Full textThis thesis, to put it in a nushell, endaeavour to show that the parliamentary assemblies use law especially the administrative law - to organize their sevices and mater them work properly this study is based on a twofold analysis. In the first place, it has been necessary to evince the evolution of the administrative structures of parliament and of the rules which have organized them from 1789 to the fifth republic. In this respect one has had to foreground on the hand that some sort of of continuity in the administration of parliament exists beside constitutional modification, and on the other hand that the emergence of both delegated administration justice and modern statee has deeply influenced the parliamentary administrative model, whose general characteristic - if one takes into account the separation of both powers and authorities ensuring from it - is to be unfettered by the control of any judge. Then, it has been made clear that the fifth republic, which breaks with the primitiv logic has subjected a part of the parliamentary administrative acts to the potential censure of the judge through the enactment of ordonnance nb 58-1100 dated the 17 november 1958. Yet some hypotheses of juridictional immunity remain when one deals with the rules shaping the material organization of the assemblies, while the analysis of this current structure reveals that these rules broadly conform to the general logic of the administrative law despite the modifications that have been brought about. Thus, this study leads one to suggest some reforms aiming at integrating the parliamentary administrative acts into the common law of the acts of the public power. In the same way, in order to respect the institutional balances, it has been necessary not only to redefine the position of the different organs of the state but also to specify the mechanics of the control exerted by the juridictional authorities so as to ensure the respect of the separation of powers as well as the necessary "check & balanc
Enfert, Carole. "Le règlement du Sénat de la Vème République." Paris 1, 1998. http://www.theses.fr/1998PA010256.
Full textGeynet-Dussauze, Chloë. "L'obstruction parlementaire sous la Ve république : étude de droit constitutionnel." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0199.
Full textIs constitutional law able to suppress filibustering manoeuvres as it was intended to do so by the constitutional reform of 23 July 2008? Ten years later, they are more living than ever. That is why the present study choses to look for a legal concept of parliamentary filibustering. It starts by identifying what can constitute filibustering manoeuvres in its diverse forms thanks to a prima facie definition. This identification shows they are an enduring and polymorphous phenomenon. However, once identified, the phenomenon can be legally characterised: it constitutes an abuse of constitutional rights. This characterisation then enables to look for appropriate legal frameworks for parliamentary filibustering. If many of them were created in past years, they never manage to adequately limit the use of filibustering manoeuvres by members of Parliament, as it is shown by the present study. Their shortfalls thus lead to admit the necessity of thinking anew about them by tracking down the causes of filibustering techniques. Their use seems to be conditioned by the place and functions devolved to minority members in Parliament, and more largely to Parliament itself. Two logics are thus to be combined to restrict the use of filibustering. The first is a political one considering the fusion of powers favouring the executive. It can be implemented by giving more power to opposing minorities in the Houses of Parliament as its was partially done by the constitutional reform of 2008. However, this cannot be the sole answer: an institutional logic must also be pursued in order to ensure organic balance between the different branches of governement
Meyer, Maxime. "Gouverner les gouvernants : Eugène PIERRE (1848-1925), le droit parlementaire au service de la République." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10046.
Full textEugène Pierre (1848-1925) is famous among jurists and historians for having been the Secretary General of the Chamber of Deputies under the Third Republic and for having written the Treatise on Political, Electoral and Parliamentary Law. Eugène Pierre had not been the subject of a general study until recently even though he is a major figure in constitutional and parliamentary laws. The purpose of the present work is to highlight the influence that Eugene Pierre has had on the political institutions of the Third Republic. Based on an analysis of the author’s written work and his political and administrative environment (Opening title), the aim is to show that the work of the Secretary General is first and foremost a work of conservation of the republican institutions. Strongly convinced of the merits of the Republic and of the parliamentary government, the author tries to legitimize the institutions through the moderation of the power of the Parliament and the expression of a relatively balanced political organization. Far from appearing as a stubborn defender of the Parliament, Eugène Pierre designed a rationalized parliamentary system in order to defend the Parliament against criticism (First part). These general objectives materialize in the parliamentary law, which was then conceived by the author as a tool for limiting the powers of parliamentary assemblies (Second part)
Perez, Orozco Oswaldo. "Le congrès dans le système politique de la Colombie." Paris 2, 2006. http://www.theses.fr/2006PA020064.
Full textSaulnier, Emmanuelle. "La participation des parlements français et britannique auw communautés et à l'Union européenne : lecture parlementaire de la construction européenne." Paris 1, 2000. http://www.theses.fr/2000PA010339.
Full textBégon, Bernard. "Les questions au Gouvernement, à l'Assemblée nationale." Montpellier 1, 1986. http://www.theses.fr/1986MON10042.
Full textThe procedure for asking questions of the government - an advanced form of questions on current problems - appears today to be one of the reforms which has nost contributed to improving relations between members of the government and members of the national assembly. This form of question-time was introduced into parliamentary usage in 1974 and after 12 years has proved to be an original means of dialogue (because of the rules which govern it) and an innovative one (because of the nature of the relations it creates between the political forces). It has come to enrich by its special note the range of traditional means of questioning (written and oral questions), which it is very different from in its form and contents. This form of question-time gives rise to short and spontaneous exchanges which enable the assembly - majority party and opposition - to take part in problems of the day and is a relatively efficient tool of information and parliamentary control
Chabbal, Jeanne. "Changer la prison : la cause du Parlement. L'intrusion parlementaire dans les politiques pénitentiaires françaises (1999-2009)." Thesis, Paris 9, 2014. http://www.theses.fr/2014PA090006.
Full textDealing with the case of carceral policy, the dissertation sheds light on the role played by the French parliament in reforming a circumscribed branch of public policy. It shows how the mobilisation of MPs on a case contributes to defining this latter's problematising anew, raising incremental changed in the way it is handled and outline new contours for the network of actors involved. Prison has long been managed by professional actors who issued their own norms. Subsequent to a longstanding process whereby the penitentiary institution has been desegmented and public scandals have arisen around emprisonment conditions, two parliament committees have so investigated prisons from within as to engage processes of collective and indiivudal learning about those. A parliamentary specialism on prison has arisen and stabilsied over a decade at the end of which prison is likely to be brought back into the remit of law and political decision-making
Godefroy, François-Éric. "Le temps et la procédure législative. Étude des insuffisances de la révision constitutionnelle du 23 juillet 2008." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G016.
Full textTime is a major dimension in the rationalized parlementary system imposed by the 5th Republic. Since the beginning, the 1958 Constitution has applied to put the time at the service of the Executive power. This choice allowed the Executive power to no longer experience the same difficulties as under the previous republics in the parlementary institution management. Nevertheless that rationalization did not solve the problem caused by the use of the parlementary time. On the eve of the 2008 constitutional revision the parlementary time is marked by overwork characterized in the meantime with a too slow procedure (endless debates, permanent increasing in session length, increasing numbers of amendments..) and a speeding up in the session working rhythm. The constitutional revision of July 23rd, 2008 tried to provide an answer to the temporal dysfunctions by rewriting a lot of rules related to the parlementary time..The writers of the Constitution noticed that on one hand the 1958 text was an essential part of the temporal regime and its dysfunctions, and, that on the other hand a revision of the basic standards would compel the members of Parliament to change their behavior. That process has then irrigated the lower standards such as organic law April 15th 2009 and Parlementary rules. In order to reach positive and real achievements the resort to the juridical writ – and in the first place its higher expression – the Constitution – was largely chosen. Since the introduction of that process a mild assessment as to the choices being made can be drawn. Yet new instruments had been put in place in order to speed up the legislative procedure but also slow down the violent hurry in the working rhythm
Monge, Priscilla. "Les minorités parlementaires sous la Cinquième République." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1041.
Full textThe Fifth Republic in 1958 built its institutional and functional equilibriums in reaction to the previous Republics. It first rejected the positive value that is conflict for a democracy. With the emergence of the “fait majoritaire” in 1962, the majority evolved from a quantitative notion to an institutional notion. It became a structure of homogenous decision making devoted to the Government. Thought on the balance of powers was then renewed. While the so-called modern theory of separation of powers suggests that the criterion for a modern democracy is the check on Government action by the opposition, we propose a different analysis: the balance of powers lies in the function of contradiction assumed by the parliamentary minorities. This role of counter-power combines a negative dimension of limitation of power, the opposition function, and a positive dimension of added value to political decision making, the legislative complementary function. This thesis offers a new perspective on the decision making process in a pluralist democracy
Fuchs-Cessot, Alice. "La construction européenne et la Ve République : l'abaissement du Parlement français." Paris 1, 2001. http://www.theses.fr/2001PA010338.
Full textGindre, David Carine. "La loi du pays en droit constitutionnel français : expression de la spécificité calédonienne dans un État unitaire en mutation." Paris 1, 2005. http://www.theses.fr/2005PA010288.
Full textLe, Verge Matthieu. "Les règlements intérieurs de la Chambre des pairs et de la Chambre des députés sous la Restauration : la souveraineté des Chambres entre 1814 et 1830." Thesis, Angers, 2018. http://www.theses.fr/2018ANGE0064.
Full textThe Constitutional Charter of 4 June 1814 results from King Louis XVIII’s free will and states in its preamble that “the entire authority [lies] in the King’s person in France” which means to expressly recognize his full sovereignty to the exclusion of any other entity. Even if restoring an absolute monarchy is out of the question – as the King accepts to limit his powers in the context of limited monarchy – these limits exist, in theory, only within confines set by the King himself. Therefore, both Houses, the House of Peers and the House of Deputies, cannot, at first sight, claim the exercise of any sovereignty in their internal legal order, considering they hold their power from the Constitutional Charter. However, as under the terms of article 15 of the Constitutional Charter, both Houses collectively exercise “legislative power” with the King, it must be recognised that they mediately hold a portion of sovereignty. For this reason, they are not constituted bodies like the others, and their deliberations are essential in accordance with their constitutionnal powers. The scop of their respective Rules of Procedure, as well as the additional practices which may result therefrom, is far from insignificant, and it would be wrong to reduce all these rules to mere internal police measures. Indeed, in practice, both Houses freely and widely interpret the texts, in particular the Constitutionnal Charter, which allow them to draw up their own parliamentary legal order with much more freedom than one might think
Martin, Arnaud. "Le président des assemblées parlementaires sous la Cinquième république." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D036.
Full textSomali, Kossi. "Le parlement dans le nouveau constitutionnalisme en Afrique : essai d'analyse comparée à partir des exemples du Bénin, du Burkina Faso et du Togo." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00288063.
Full textSanchez, Samuel. "Les règlements des Assemblées nationales 1848-1851 : l'ampleur de la rénovation de la légalité interne." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32056.
Full textThe events of February 1848, somewhat, a revolution, bestow a change in political regime, and subsequently to the "Droit Public", affecting the top of the state structure as a result: the "Assemblée nationale". The rules she creates in ordre to control its interest, its internal legality in fact, are evolving quite considerably during the Second Republic. No longer can the new elected people's representatives ignore the past, but instead they must use the French institutional experience to put in place efficient work methods, better adapted to the new deliberating organ. Drawn in by this rejuvenating process, the entire juridical structure is unified during 1848 and 1851. The "Règlement Intérieur": the principal source of internal legality is also influenced progressively altered in three different ways by improving its contents, the object, and its decisiveness. The effects are indeed contained inside the representative body; however, they also affect the institutional balance. Those two aspects will thrive until the December 2nd, 1851, State Coup: the Third Republic Regime and the Parliamentary right will deeply suffer, somewhat, conditioned by previous Constituting and legislative National Assemblies of the mid nineteenth century performances
Saint, Sernin Jean de. "Système majoritaire et bicamérisme sous la Vème République (depuis 1981)." Electronic Thesis or Diss., Paris 2, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247190447.
Full textAt the time of the Fifth Republic, the second chamber was devised by the framers of the Constitution as a predisposed support to the Government and the newly-established regime, given the uncertainty of a parliamentary majority within the National Assembly. The unexpected arrival of such a majority led to a closer organic and functional relationship between the National Assembly and the Government. The frequent lack of harmony between parliamentary majorities then put the Senate and the bicameral system in a delicate institutional position. Having become an established right of the political system, majority rule has clearly been observed since the 1981 power changeover, both inside either chamber and between them. It also affects their organisation, the way they operate and exercise their constitutional prerogatives. However, the different majority configurations show a certain specificity of the Senate from the majority rule point of view and in the actual and non-oriented exercise of its parliamentary function in relation with the other chamber, and its distancingfrom the Government reveals the well-balanced nature of the Fifth Republic's bicameralism. As that majority became institutionalised, and because of its specificities in ether chamber, constitutional law and parliamentary law were led not to exclude non-normative occurences in order to gain an understanding of the way political institutions actually work
Kaarlõp, Liia. "Parlements et mise en oeuvre des politiques communautaires." Nice, 2007. http://www.theses.fr/2007NICE0042.
Full textThe increasing debates on the democratic legitimacy of the European Union have put emphasis on the issue of participation of national parliaments in the European political process. The analysts highlight the lack of legitimacy of European politics and correlate it to the exclusion of national parliaments from the European polity. The empirical data refers to countries where the parliaments strongly participate in the scrutiny of European affairs; thus EU decisions are likely to be implemented. Comparative case studies across four EU Member States – Finland, France, Italy and Sweden - will illustrate how the parliamentary participation might influence the implementation of the European politics at national level. Although these countries are characterised by different political, constitutional and cultural features, their interest in having influence on the decisions made at European level is equal
Blais, Christian. "Aux sources du parlementarisme dans la Province de Québec, 1764-1791." Doctoral thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/37604.
Full textThis thesis demonstrates that the foundations of Quebec parliamentarism precede the Constitutional Act of 1791; that the members of the Quebec Council (1764-1775) and those of the Legislative Council of the Province of Quebec (1775-1791) adopt British parliamentary usages and traditions for the purpose of legislating; that a legislature can consist solely of non-elected members; in short, in the second half of the eighteenth century, parliamentarism in the Province of Quebec was defined differently than parliamentarism in Great Britain or other British North American colonies. An analysis of the minutes of the legislative bodies of the Province of Quebec traces the origins of Quebec parliamentary customs. By comparing the Quebec Council and the Legislative Council with the Parliament of Westminster, the Parliament of Lower Canada and the parliaments of certain British North American colonies, we are able to observe that there was, from 1764 to 1791, an rudimentary parliamentarism, but a parliamentarism all the same in its form, its uses and its traditions.
Saint, Sernin Jean de. "Système majoritaire et bicamérisme sous la Vème République (depuis 1981)." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020081/document.
Full textAt the time of the Fifth Republic, the second chamber was devised by the framers of the Constitution as a predisposed support to the Government and the newly-established regime, given the uncertainty of a parliamentary majority within the National Assembly. The unexpected arrival of such a majority led to a closer organic and functional relationship between the National Assembly and the Government. The frequent lack of harmony between parliamentary majorities then put the Senate and the bicameral system in a delicate institutional position. Having become an established right of the political system, majority rule has clearly been observed since the 1981 power changeover, both inside either chamber and between them. It also affects their organisation, the way they operate and exercise their constitutional prerogatives. However, the different majority configurations show a certain specificity of the Senate from the majority rule point of view and in the actual and non-oriented exercise of its parliamentary function in relation with the other chamber, and its distancingfrom the Government reveals the well-balanced nature of the Fifth Republic's bicameralism. As that majority became institutionalised, and because of its specificities in ether chamber, constitutional law and parliamentary law were led not to exclude non-normative occurences in order to gain an understanding of the way political institutions actually work
Issa, Numeir. "Système politique et délibération au Parlement européen, du Traité de Nice au Traité de Lisbonne." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10020.
Full textThe European Parliament is a supranational assembly elected at direct universal suffrage, which is central in the Community's political system. It builds legislative norms together with the Council, which have a direct impact on the States and on the citizens of the European Union. This thesis dissertation studies the deliberation issue in the European Parliament, i.e. the growing weight of the Assembly within the European Union. The aim is to analyze how the European Parliament has won this place and such an influence in the European Union's political system in the period between the Nice and Lisbon Treaties. Today, the European Parliament is part of the European decision through the deliberation of the MPs of the 28 states : it established itself as a co-Legislator, on an equal footing with the Council into the legislative procedure; it also has a budgetary power and a major function of democratic control over all European authorities. This rise of the European Parliament's power led to a modification of its relation to the Commission and to the Council and to a greater influence in the elaboration and implementation of the EU's policies. This institutional role has been significantly reinforced by the Lisbon Treaty. The growth of the assembly's powers, the affirmation of its role within the institutional triangle and the reinforcement of the national Parliaments at the European level can be considered as major evolutions of the Union's political system towards parliamentarization. Despite the constraints weighing on its work, the European's Parliament has a genuine organizational autonomy and it deliberates efficiently
Combrade, Bertrand-Léo. "L'obligation d'étude d'impact des projets de loi." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010259.
Full textThe draft bill's impact assessment requirement, enshrined in article 39 third subparagraph of the Constitution by reference to an organic law enacted on April the 15th 2009, establishes a rationalization tool of law making. This rationalization displays two sides. In terms of legislative procedure, the impact assessment requirement is a tool of rationalized parliamentarism which shows evidence of the surfacing of an authentic Governmental Law. The tool's misreading can lead to a sanction imposed by the Council of State, the Constitutional Council and the Conference of Presidents of the first House to which the bill has been referred. In terms of law drafting, the impact assessment requirement forms a substantial rationalization mechanism which sets the method rules framing the draft bill's righting. The analysis of six years of practice shows a phenomenon of progressive appropriation of the impact assessment requirement as part of law drafting. This appropriation contributes to the readjustment of the relations between Government and Parliament and enables to apply a positive pressure in favour of the law quality enhancement. However, the breadth of those changes should not be overestimated and the mechanism still has a lot of room for improvement
Zeren, Baris. "The Formation of Constitutional Rule : the Politics of Ottomanism between de jure and de facto (1908-1913)." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0056.
Full textThe dissertation examines the functioning of Ottoman constitutional rule born in 1908 which aimed at forming a new body politic, an Ottoman nation, on the sociopolitical structure inherited from the "old regime.” As this Ottomanism, which was officially and publicly referred as "the unity of elements" (ittihad-ı anasır), was closely related with the promise of parliamentarianism and the rule of constitutional norms, the dissertation focuses on the legislative and administrative practices starting in Spring 1909 until the outbreak of the Balkan Wars. To this end, the study follows the enactment and application phases of certain critical laws in creating such a national unification — the martial law and the law on the conscription of non-Muslims to the Ottoman army — with specific emphasis on Macedonian-Bulgarian and Hellenist political networks. Tracing the development of tensions and strategies among official and civil political actors in Istanbul and Rumelia evolving around these laws, the dissertation demonstrates deviations in the interpretation of the Kanun-ı Esasi by various representatives of sociopolitical factions, the heterogeneity of attitudes of central and local political actors, and the effective role of local struggles in the development of constitutional sovereignty
Shim, Sung-Eun. "L’évolution des procédures décisionnelles du Parlement européen : 1952-1986." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100053/document.
Full textThe nature of the secondary place reserved for the European Parliament (EP) in 1957 brought about a big disappointment of the European representatives and critics of its consultative powers only of, then, symbolic significance. Putting emphasis on the principles of democracy and separation of powers, the EP attempted to come out of impasse by using at maximum the consultative procedures. Until the Single European Act, the demands of the EP on respect for information and consultation obligation by the Council continue to increase. Also was asserted an extended application of consultative procedure to the issues, for which the EP had not been obligatorily consulted by the Council. Lack of legal means to make the Council accept the opinions and demands of the EP, which had scarcely been adopted by the Council, can explain the position change of the EP during the 70s vis-à-vis the Council and the Commission. The new procedures with legal effects, such as re-consultation, the power of approbation regarding of international agreements and co-decision, have been insisted, but not consistently.Reinforcement of the EP’s budgetary powers aimed not only at enhancement of parliamentary control in the budgetary activities of the European Communities, but also at reinforcement of non-budgetary powers: legislative powers. The parliamentary demands for the respect by the Council of information and consultation obligations and for effective control over budgets and expenditures were part of the EP’s struggles to be justly recognized in the map of European political institutions. When the European Council and the Court of Auditors were also addressed the sort of demands, the EP aimed to persuade thereby the Council and the Commission.This present analysis shows that the EP, as is today, is a result of the collaboration with other institutions and important figures of the Member States, which played an important role to guide the discussion in the Communities
Heurtin, Jean-Philippe. "L'ordre de l'Assemblée : éléments d'une sociologie de la séance publique à l'Assemblée nationale." Paris, Institut d'études politiques, 1995. http://www.theses.fr/1995IEPP0005.
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