Dissertations / Theses on the topic 'Révolution constitutionnelle'
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Sadeghian, Saghar. "Les communautés non-musulmanes en Iran pendant la Révolution Constitutionnelle." Thesis, Paris 3, 2014. http://www.theses.fr/2014PA030036.
Full textIran’s history during the 19th and 20th centuries is known for its will to modernize (after two defeats at the hands of the Russian army in 1813 and 1828) as well as the Constitutional movement (1906-1911). With a Shiʻa Muslim majority, Iran has different ethnical and religious communities, including Jewish, Christians, Zoroastrians and Baha’is. These groups had a different identity from the Muslims and this differentiation was visible at different levels: at the local level, religious minorities lived in separated quarters, wore different clothes, either spoke different languages or were distinguished by different accents, not to mention their jobs. At the national level and citizenship rights, non-Muslim cases were referred to an office in the Foreign Affairs Ministry. At the international level, the interference of western countries in Iranian non-Muslim affairs, might redefine their identity. On the other hand, missionary activities in Iran would bring modern educational and health systems, as well as troubles for both themselves and Iranians. There would also be an identity change when an Iranian decided to convert to another religion; a change which was not welcome by ex-coreligionists but encouraged by the members of the new religion. Non-Muslims, like their Muslim fellow-citizens, were helping in political, social and cultural changes in the society. Apart from their educative and cultural activities to establish modern institutions, they also played important roles in the Constitutional movement. “Iran for all Iranians” was a common goal for both Muslims and non-Muslims. However, the new Parliament and the Constitution had still a long way to go to reach this goal
Soltanian, Aboutaleb. "Les Causes de l'échec de la révolution constitutionnelle de 1906 en Iran." Strasbourg 2, 2001. http://www.theses.fr/2001STR20013.
Full textThis study, concerning "the causes of the failure of the Iranian constitutional revolution of 1906" is divided into two parts and ten chapters. In the first part, we have sought to illustrate the weaknesses in the foundations of the revolution and the role played by the leaders and the political currents in the failure of the first constitution (1906-1908). In the second part, we have followed the process culminating in the failure of the revolution by studying the imperfections of the constitutional lows. .
Tadjdolati, Mohammad. "Les révolutions iraniennes dans la presse française : la Révolution constitutionnelle de 1906-1909 et la Révolution islamique de 1978-1981 à travers "Le Temps" et "Le Monde"." Paris 7, 1995. http://www.theses.fr/1995PA070003.
Full textEmong the contemporary mouvements in iran, the islamique revolution of the end of 70's is the most important. The mouvement that could be compared to it is the constitutional revolution of 1906-9. The aim of this thesis is to study the image of des iranian revolutions in the french press, in order to reconstitut and to clarify the way in which the french press has presented the events in iran and to discern, as much as possible, the stakes that influenced this informational processing. Thus, to seize all the background of this mediatic image, the research is extended to the cultural past of the east west relations, but also to the political and social background of the iranian revolutions. To studie the islamic revolution (1978-1981), the selction of the corpus is retained on the daily "le monde" (the french news-paper the most red in the world). Concerning the constitutional revolution of 1906-9, the selection was retained on the daily the most influent of the third republic. .
Ghaffari, Sétareh. "Communications traditionnelles et mouvements révolutionnaires en Iran : de la Révolution constitutionnelle de 1905-11 à la Révolution islamique de 1978-79." Paris 7, 1991. http://www.theses.fr/1991PA070106.
Full textIn iran the traditional network of communication, particularly the mosque, the religious school and the bazar, has played a proeminent role in the constitutional revolution of 1905-11 and in the islamic revolution of 1978-79. The first one resulted in the secularization and the westernization of iran, while the second one rose up in arms against the excessive modernization and acculturation. In fact, since the 1960's, the capitalist reorganization of iran, the authoritative modernization and the rapid urbanization, entailed important social changes and mass politization. But, mohammad reza shah's failure to integrate the new urban stratas, especially, the uprooted elements and the newly educated elements, into his political system, produced a participation crisis and offered ayatollah khomeyni, the opponent clergy, and their allied, bazar's craftmen and merchants, an unparalleled opportunity to mobilize the masses and to create a revolutionary mouvement, by using the endogenous shi'ite culture and the methodes of traditional communication (collective prayers, religious ceremonies and the activities of religious associations)
Paknia, Mahboubeh. "Contribution à une étude des causes de l' échec de la Révolution constitutionnelle iranienne, 1906-1925." Toulouse 1, 2001. http://www.theses.fr/2001TOU10075.
Full textIran' s Constitutional Revolution of 1906 plays an important role in the political life and conscience of Iran. One of the first manifestations of democracy among the Middle-Eastern nations, as well as the first oppearence of historical wake up, in Middle-East, after 20 years of adventure (1906-1925), ended with a hard failure. Rejecting what is costumed to be called in Europe, "despotic regime" - which is infact, perfectly a remarkable phenomenon, asking for another elaborated explication - "Perse" has involved in and experienced several crises, such as external interventions and pressures, especially two imperialist superpowers in its neighborhood (Great Britain and Tsarian Russia); World War I and invasion of several foreign armies; terrorism; separatism, as well as internal instability
Coudart, Laurence. "La "Gazette de Paris" (1789-1792), un aspect de la contre-révolution pendant la monarchie constitutionnelle." Paris 1, 1993. http://www.theses.fr/1993PA010644.
Full textDaily paper edited by a former dramatist (Pierre Barnabé Farmain de Rozoi), the Gazette de Paris (1st of october 1789 10th of august 1792) is a royalist newspaper which had between 5,000 and 7,000 subscribers, with a higher number of readers. The manuscripted correspondence received by the journalist (around 2,800 letters) as well as his papers (kept in the archives nationales) allow us to elaborate a commercial study, as well as an analysis of the diffusion, and a diachronic as well a synchronic study on the relationships between the newspaper and its readers, and between opinion and action. The gazette de paris, warefare machinery against the revolution is noticeable by its uncompromising and invariable positions. The newspaper is continuously denounced by the patriotic press because of its repetitive calls for action among the provincial nobility (its main customers). This action is more concerned by the nobility's interests than the king's ones. It proposes very soon to have recourse to violence and foreigner military forces, maintains antagonismes, and establishes the reject in a discourse based on the systematic and omnipresent exploitation of fear. This fighting newspaper establishes also the basis for an "ultra" ideology
Gueniffey, Patrice. "La Révolution française et les élections : suffrage, participation et élections pendant la période constitutionnelle : 1790-1792." Paris, EHESS, 1989. http://www.theses.fr/1989EHES0029.
Full textThe elections form a chapter particularly unknown of the french revolutionary period, but very important for its political history. It is studied here in three complementary aspects: right of suffrage, participation in primary assemblies and election of deputies in secondary assemblies of departments
Chopelin-Blanc, Caroline. "De l'apologétique à l'Église constitutionnelle : Adrien Lamourette (1742-1794)." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_blanc-chopelin_c.pdf.
Full textThe object of this study is to draw up a biography of Adrien Lamourette (1742-1794), including the story of his life and the genesis and the contents of his written work. More precisely, the matter is to shed light on the links between the catholic apologetic activity to which Lamourette devotes himself between 1785 and 1789 and his involvement in the Revolution, at first, acting behinf the scenes as Mirabeau's "theologian" and later on, committing himself more definitely as constitutional bishop and member of Assemblée Législative in 1791. The explanation for that commitment lies in theological and anthropological conceptions emphasizing the capacity of human beings to fulfil their nature and know hapiness thanks to Incarnation of Jesus-Christ. The idea of happiness is actually present throughout his apologetical reflection, and, to him, Revolution appears precisely as the opportunity of making happiness on Earth happen, through "Christian democracy"
Gélin-Racinoux, Laurence. "Recherches sur le rapport de la constitution au temps." Nantes, 2005. http://www.theses.fr/2005NANT4019.
Full textFrench constitutional law has suffered a striking instability since the French Revolution, as the number of constitutions making our history reveals. For all that, must we deducted that French constitutionnal law maintains a particularly discontinued relation to time that it lacks continuity, a quality yet pertaining to law ? In order to answer the questions, it seems fit to examine the constitution in its relation to time. Depending whether the constitution is considered from its material or formal conception, the judgement one is led to pass on our constitutional evolution is bound to vary. The formal criterion adopted in doctrinal literature, to the extent of causing the hegemony of the formal conception over the material one, reveals the numerous breaks entailing a phenomenon of discontinuity. However, the predominance of this constitutional discontinuity is sometimes curbed by some constitutionally achieved transition between constitutions. Discontinuity also exists on the material level and allows one to pinpoint that form eventually serves matter, which the supremacy of the formal conception failed to lead to suppose. But above all, French Constitutions bear many permanent failures that, by establishing a constitutional tradition, tend to overcome the feeling of discontinuity. In fact, French constitutional law turns out to be remarkably continuous, which allows one to contend that matter, perhaps more than form, is essential ingredient of constitutional law since, due to its nature, it enables the latter to fulfil its founding fonction
Robert-Meunier, Patrick. "Nature de la réforme constitutionnelle de 1999 au Venezuela." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23483.
Full textBlouët, Alexis. "Le pouvoir pré-constituant : contribution à l'étude de l'exercice du pouvoir constituant originaire à partir du cas de l'Egypte après la Révolution du 25 janvier (février 2011-juillet 2013)." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D039.
Full textDue to certain epistemological assumptions, constitutional law theory tends to neglect the study of the exercise of original constituent power, namely, the process of new constitution-making. This PhD intends to address the gap in investigation by proposing the concept of “pre-constituent power”, which entails the competence to define rules for drafting a new constitution. We argue that these rules serve to institute a constituent procedure and thus justify and constrain the constituent phenomenon. We also maintain that these rules inevitably vanish from the legal system as soon as the constitution is adopted, as a constitution’s adoption does not derive its legal legitimacy from the rules that framed its production, but rather from the sole will of the sovereign. The first part of this work demonstrates how the establishment of rules for new constitution drafting is reliant on the rest of the legal system in existence during the transitional period. In the second part, employing the concept of pre-constituent power enables us to consider the constitution-making process as an object of normativity, governed by a set of rules characterized by relative autonomy vis-à-vis non-pre-constituent rules. In the third part, we illustrate how actors in the constituent procedure can be compelled to precipitate the process. This occurs as the actors attempt to prevent contestations regarding the legality of the process, given the provisional character of the pre-constituent power. This PhD is rooted in an in-depth case study, based on the analysis of primary sources detailing the Egyptian constitution-making process that took place between the fall of President Hosni Mubarak in February 2011 and that of President Morsi in July 2013. It also sheds new light on the country's trajectory after the January 25, 2011 Revolution, given that the constitutional issue represented one of the major political concerns in the post-revolutionary period
Oskouie, Mana. "Etat, Religion et société en Iran au XXe siècle : origines et impacts des Révolutions constitutionnelle de 1906/07 et islamique de 1979." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2040.
Full textThe exsisting history of Iran is noticeable regarding to two revolutions witch mystified the relation among the State, the religion and the society. The objective of this research is to analyze the evolution oh these reports under the impact of the constitutional Revolution of 1906/1907 and the islamic Revolution of 1979. It shoud be emphasized that all these changes effected the economyof Iran. The constitutional revolution of 1906/1907 was the result of the evolutions witch were at the origin of the conflicts between the modernistic ones and forces attached to the old order.It turnes over the strength in favour as of currents and of the actors working for the entry of Iran into modernity. Between the constitutional Revolution and the islamic Revolution, the forces underwent important modifications witch have, in turn, supported the three poles of the power : monarchy and its court, cleargy and elites modernistic. The Reza Shah’s rise to power broke the balance based on the Constitution in favour of monarchy to the detriment of the religious pole while being based on the modernistic elites. The invasion of Iran by the allies and the forced exile of Reza Shah contributed to the rise of the hostile nationalist feelings in the Occident. Nationalisation of the oil resources by Mossadegh government made this evolution won over this nationalism carried by an Iranian company. Later, the company and the religion met to dispute the authoritative and repressive State of Pahlavi.These dynamics lead to the Revolution of 1979 and give the country a new political regime, reflecting the struggle between the actors of this second revolution the country faced the constitutional Revolution after 72 years. The islamic Revolution of 1979 was the principal consequence of the passage of « authoritative nationalism »incarnated by Reza Shah Pahlavi with a « liberal nationalism » carried by Dr Mossadegh, and with the « religious nationalism » which is represented by Ayatollah khoneini
Havas, Nathalie. "La responsabilité ministérielle en France : contribution à une approche historique des responsabilités politique et pénale des ministres de la Révolution de 1789 à la Cinquième République." Caen, 2010. 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%3D14%26selfsize%3D1.
Full textReports between the political and penal responsibilities of Ministers were never sharply clarified. Even today, the political and legal reflection persists in wondering if it is possible to distinguish both responsibilities, even if there are two bodies of different rules. An analysis of the historic construction of the political and penal responsibilities of Ministers allows understanding the real nature of these two responsibilities, as well as the reports which they maintained under the various political systems which succeeded one another since 1789. From the French Revolution to the Second Empire, the penal responsibility dominates all the ministerial responsibility and the political responsibility is rejected in the legal area as in the practice. Although it is constitutionally dedicated under the Third and Fourth Republics, the political responsibility remains non-existent in practice. As far as both Republics are transformed into regime of Assembly, Ministers seem more subordinate to the Parliament than really responsible in front of assemblies. While it succeeds - partially - in resolving the difficulties to the penal responsibility of Ministers, the Fifth Republic fails to make the political responsibility in front of the Assembly effective. Such as it is defined in this study, the political responsibility of Ministers remains so untraceable throughout the French constitutional history, in the exception however of the Fifth Republic during which a not written responsibility of Ministers in front of the President of the Republic appears
Moroni, Anastasia-Ileana. "Une nation impériale : construire une communauté politique ottomane moderne au lendemain de la révolution de 1908." Paris, EHESS, 2013. http://www.theses.fr/2013EHES0023.
Full textThis thesis examines the transformation of the Ottoman political order in the aftermath of the 1908 Young Turk revolution. First, through bibliography and documents from the Ministry of Foreign Affairs of France (AMAE), I seek to re-evaluate the revolution that inaugurates the “Second Constitutional Era” in July 1908. Then, using again the AMAE as well as Ottoman and French language newspapers, but mostly analyzing in depth the minutes of the Ottoman Parliament from 1908-09, I present the main issues that the constitutional régime had to face, and the answers given by the élites who emerged thanks to the revolution. As the revolution had upset the Ottoman political order, deputies posing as representatives of an Ottoman nation demanded that legitimacy be transferred from the sultan-sovereign to the sovereign nation. But they also were challenged to define this nation – in a multi-ethnic empire – and set the rules according to which its general interests could be defined. On these issues, I observe that there are both agreements and disagreements among deputies; to a large extent, their views formed gradually, as they encountered unpredicted events. The thesis concludes that, in the end, the sovereignty of the nation was consolidated, but the nation was defined along the lines of Ottoman imperial traditions, as an “imperial nation. ” Elites found that the active implication of the totality of the people – whom they believed to be ignorant– and the possible upset of the fragile balance that existed among ethno-religious groups would be contrary to the raison d’état and would endanger the Empire’s integrity
El, Kharrim Narjisse. "La nouvelle persane au XXe siècle : une enquête sur son parcours dès son apparition jusqu'à la fin du siècle." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAC005.
Full textIn comparison with other literary genres, the short-story may be considered as an utterly new literary phenomenon. Even though it first appeared in the western literature about two centuries ago, critics viewed the modern era as “the era of the novel and the short-story”. Those critics assert that poetry and prose were influenced by the novelistic literature and its authors, hence the need to study that genre in order to find an accurate literary period. And indeed, on the literary plane, the importance of the short-story is the outcome of social and political changes that occurred in societies. The short-story is the mouthpiece of those changes insofar as it depicts and relates the events which put their stamps on society. This is how that literary genre was warmly welcomed by creators as well as by readers. In Iran, the Revolution was the most outstanding political and social event of the twentieth century, for it instigated radical changes and transformations in society to more than one way. Those may be observed in the cultural and literary spheres, all the more so since, as an example, they let novelistic literature gain new dimensions of forms and themes. This thesis aims at highlighting, in a diachronic perspective, the contours of the short-story from the period of the constitutional Revolution to the Islamic Revolution. To meet this objective, we studied the historical, social and political issues around the short-story from its birth to its founding as an independent genre
El, Zabbal Wael Saleh Mahmoud. "La prise de décision politique chez les Frères musulmans : convictions idéologiques ou considérations opportunistes?" Mémoire, Université de Sherbrooke, 2010. http://savoirs.usherbrooke.ca/handle/11143/2666.
Full textFruci, 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
Ibrahim, Hassan Mohamed. "Le constitutionnalisme en Europe de l'Est et dans le monde arabe. Internationalisation et singularisme du droit constitutionnel." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCA105/document.
Full textDespite the distance between these two revolutionary movements: East European and the Arab world, constitutionalism was the immediate way out of the revolutionary chaos. In these two parts of the world, at two different periods, the revolutionary peoples have chosen to adopt Constitutions in order to establish democratic political regimes. While constitutionalism has been the common denominator that revolutionary peoples have used to create their new democratic political regimes, the singularity of each region and country has emerged during the transition of the adoption of the new Constitutions. It is simply enough to observe the situation in Poland, Romania, Egypt and Tunisia to find that the path taken to adopt a new political regime necessarily depends on the national context in which the transition is initiated. Nevertheless, democracy cannot be decreed as we have seen in Eastern Europe. The post-communist states, notably Poland and Romania, are still on the path of democratization and the Arab States will find the same challenges on the road to democratization. A few years after the "Arab spring" occurred, Tunisia and particularly Egypt falter on the risky path of democratization
Constantini, Laurent. "Les Constitutions des Républiques soeurs, illustration d’un modèle français pour l’Europe ?" Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2002.
Full textThe Sister Republics were created in Italy, Switzerland and the Netherlands through military intervention, during the French Revolution, and their constitutions are very much alike that of the Directoire. Of these ten Constitutions, adopted between 1796 and 1799, some were simply granted by France while others were passed on a more autonomous basis.At a time when the European powers were unable to contain the expansion of the Great nation, the latter wanted to surround itself with Republics built in its image, allied, even docile so as to surround itself in a protective glacis. These Constitutions were, thus, set up thanks to the French army's action, although they were meant to enforce the freedom of these revolutionized peoples. Freed from foreign dominion or from a non-equalitarian regime, they would experience emancipation through the republican ideal expressed in their constitutions. However, the Constitution de l'an III, upon which they were designed, was itself the expression of a dilemma. Thermidorians wanted to put an end to the Jacobin episode, while maintaining the gains of the republican regime. The Sister Republics are, hence, often described as the place of the constitutional experiments which could not be done in France. It is then question, through constitutional analysis, to compare the various translations of the republican ideal found in those texts, and to show the differences between them and the French model of 1795, so as to find out how adaptable they are. This investigation into the originality of the Constitutions of the Sister Republics in front of the republican ideal, will deal with the themes which are constitutive of this idea : equality, rights, liberties, protection of rights, citizenship, sovereignty, political representation and separation of powers
Deblock, Michel. "Le clergé constitutionnel du département du Doubs pendant la Révolution ou l'utopie d'une religion républicaine." Besançon, 2010. http://www.theses.fr/2010BESA1020.
Full textThis study concerns the reactions of a relatively little group of the clergy in the Doubs diocese, who, in 1791, chose to accept the Civil Constitution of the Clergy. Up to now the historiography of these priests has been ecclesiastical, and often reactionary, stigmatizing those who swore the oath of november 1790, and in particular the former monks, who, as intrus, that is priests not recognised as canonical appointments, became the parish priests in the absence of the original incumbents. A wealth of documentation has enabled the writer to put the conflicting forces operating at the time back into their context, emphasising the religious and political actions of the clergy, as they attempted to reconcile their pastoral duties with certain revolutionary ideals. After the wave of resignations (abdications) of Year II we witness, in 1795, the birth of the National Church of Doubs, which tried to organise itself at the instigation of the “United Bishops in Paris”, ( les Evêques Réunis à Paris). This involved the setting up of a church council or presbytère, the election of a bishop and the reestablishment of a Church practice based on councils and diocesan synods. The Concordat of 1801 saw a new chapter of this adventure begin, with the authorities and archbishop Le Coz trying to bring the opposing clergies together. The project failed, as the constitutional clergy, under the pressure of an ultramontane hierarchy closely tied to the Bourbons, was forced to retract their oath of 1790. The utopia of a rapprochement between the religious sphere and the republican state was to disappear for a long time. We have associated the community of Quatre Terres to our study, as this area, of largely Lutheran persuasion, formed part of the territory of the Doubs. This study of a cohort of 823 individuals also lends itself to a prosopographical approach, permitting investigations in numerous fields and a statistical treatment of the issues involved. This naturally leads to a repertoire, which forms the second volume of the thesis
Chalouhi, Nouhad. "Les Révolutions arabes de 2011 : évolutions, déceptions, et consécrations constitutionnelles : "de la Mauritanie au Yémen"." Rouen, 2016. http://www.theses.fr/2016ROUED004.
Full textThe Arab uprisings or popular disputes, have had a varying scope and intensity, depending of the countries. If some have known consitutional and institutional disruptions, others were only subjet to some new legistlative measures. It is interresting to study the constitutional point of view, the causes and contributions of these revolutions
Magliacane, Alessia. "Transition constitutionnelle et résistance : une étude comparée." Paris, EHESS, 2016. http://www.theses.fr/2016EHES0034.
Full textWe begin by upsetting of the relationship between law and fact. Our analyse steps over the classical relationship between constitution (law) and revolution (the foundational fact), which produces a three stage model where steps and phases follows the paradigm of continuum (accompanied in the tendency by the evolution towards the Republic), but that between constitution and resistance. The focus is then upon the material discontinuity and the oppositional contraposition between orders of discourse. In these two historical models, we first discover 1) the actuality of a transitional phase embodied by the French clandestine state, as a suspension of the constitutional order until Liberation: it is characterized by the struggle for legality; 2) we introduce then another model, the insurgent state, that of the military Resistance in northern Italy, where one of the legal orders keeps the law and follow the former constitutional traditions, while the other, the insurgency, specifically aims at hegemony by a legitimacy to oppose, as a manner of resisting to the legality of the other. It follows that in the clandestine French-type state, the vanguard, both political and military, was immediately formed as a government assuming state legality as continuing (though in opposition to another state legality), whereas the relationship between People and Nation is not questioned. In the model of insurgent state, followed by national committees of Liberation in northern Italy, however, the effects does not limit themselves to the constitutional phase, spreading up to armed party (1974-1988), the fundamental problem regarding the relationship between people, nation and avant-garde
Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
Full textMany are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
Gren, Marie. "De la suprématie législative à la suprématie constitutionnelle : étude comparée d'un changement de paradigme en France : en Israël et au Royaume-Uni." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D061.
Full textThe legal system relies on a constitutional paradigm. Dialectics between legal scholars, Parliament vested with constituent power and judges reinforces the consensus underpinning the paradigm. Given the compelling strength of these shared beliefs, a revolutionary process is necessary to overtum the system. At a time of crisis questioning the paradigm, a revolution can subvert the constitutional order if it is approved by the majority of legal actors, and particularly constitutional scholars. A detailed analysis of such a process in constitutional law has rarely been made. A perceptive study of such a phenomenon can be made by comparing the change of paradigm from legal to constitutional supremacy in France, Israel and the United Kingdom. In these three legal orders, the crisis of legislative supremacy lead judges to make revolutionary decisions, striking down a system based on the omnipotence of Parliament. The Constitutional Council Freedom of Association decision, the Israeli Supreme Court Mizrahi Bank case and the House of Lords Factortame case were a revolutionary move towards constitutional supremacy. The creation of a new paradigm, relying on the protection of constitutional norms by judges has then been favored by its acceptance by constitutional experts and sometimes even by Parliament
Gong, Ke. "La portée de la constitution en France et en Chine : l'enchantement et le désenchantement du constitutionnalisme révolutionnaire." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020079/document.
Full textThe revolutionary constitutionalism in France and in China is deeply rooted in the pre-modern history. The Revolution of 1789 and the three consecutive Constitutions in 1791, 1793 and 1795, combined the "Constitution" and the "revolution" an unprecedented way. The same logic is exposed in the historic journey in France and in China. The Declaration of 1789 and the Constitution of 1791 have paved the way toward an ideal future, which was soon disillusioned by the real conflicts, especially the struggle between the royal authority and the legislature. Similarly, after the end of the dynasty in China, we also saw the conflict between the executive and legislative branches, by which the "First Republic" has been led to an impasse. As the turbulence of the Revolution went on, several constitutions of both sides have been promulgated, which reflect the similarity not only between the Girondins and the Kuomintang, but also between the Montagnards and the Chinese Communist Party. Similarly resulted by a coup d’etat, the "Thermidorian" regime was established in France and China. The Constitution of 1795 sought to maintain the power in the hands of the Thermidorians to avoid new dictatorship, but without success. Instead, the Chinese Communist regime is also trying to control the power, successfully, by means of the constitution revised according to circumstances. Thus, given the role of the Party, the process of constitutionalism appears more dimensions in China. After all, for both countries, the revolutionary constitutionalism actually reveals the common destiny in the era of modernity
Moinian, Mohammad. "L'évolution du ministère public en droit iranien." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32021.
Full textThe Islamic Revolution of 1979 broke up the constitutional monarchy then disbanded the public prosecution institution to make an attempt to solve the chronic issues encountered by the judicial system since the beginning of the century. The institutional system was entirely overhauled, in the interest of the new system and in the purpose to establish a new model integrating the historical link between religion and institutions with a political kind of Islam. The revolutionaries, barely prepared, lacking of experience and knowledge, noticed the failure of the new judicial politics. The public prosecution was essential to the fulfillment of the regalian functions, including the maintenance of public order and domestic security, along with the functioning of justice. This institution, existing under varied shapes since antiquity and modernized in the beginning of the century with the constitutional Revolution, has been restored in 2002
Gonnet, Emmanuel. "Le peuple dans les théories constitutionnelles, des révolutions atlantiques à l'Entre-deux-guerres : 1776-1939, France, Allemagne, Etats-Unis." Orléans, 2006. http://www.theses.fr/2006ORLE0003.
Full textIssa, Ali. "Islam et Droit constitutionnel en Egypte, en Syrie et au Maroc : étude comparée." Thesis, Université de Lorraine, 2015. http://www.theses.fr/2015LORR0153.
Full textTo understand the logics of the constitutionalization of the Islam in the Arab world,this study suggests, at first, highlighting the continuity of the constitutional influence of theIslam. Indeed, all the constitutions of Arab states, with the exception of that of the Lebanon,refer to the Islam. The important constitutional role of that religion actually affects thestructure and organization of the state, but also the determination of the protection offundamental liberties of man, especially that relating to freedom of religion.Secondly, it is advisable to highlight the ways which allow Arab States to overtake thetheological vision of the constitutional law. The accent is put on two trends: the progressivesecularization of the political power through the marginalization of the religious referent andthe consecration of the state power on one hand, and the constitutional rationalization throughthe strengthening of the role of the constitutional justice and the awakening of the civil societyon the other hand. After all, these developments put the keys of understanding of the legal andpolitical current events. At the time of the "Arab Spring", these two referents, Islam andConstitutional law, are linked to form the political and legal life of the Arabic peoples. Theirdialogue seems necessary or obvious especially as the Revolutions did not end in theconsecration of a laic model and the place of the Islam is maintained, even strengthened
Vignal, Alain. "De l'ordre à la vocation : les prêtres du Var de la Révolution à la séparation." Aix-Marseille 1, 2010. http://www.theses.fr/2010AIX10038.
Full textTourkochoriti, Ioanna. "La liberté d'expression et la protection de la dignité humaine et de la vie privée dans l'ordre juridique français et l'ordre juridique des États-Unis : une étude de deux précompréhensions constitutionnelles différentes." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0081.
Full textThis dissertation aims at proposing an interpretation concerning the divergence of the legal status of freedom of expression in relation to the protection of human dignity and privacy in the United States and in Europe. The question concerns in our opinion the fore-understanding of liberty in continental Europe and in the United States, as well as the role of the state to define the content and the limits of liberty. It is this understanding inspired by a different conception of political philosophy which is reflected in the legal appreciation of the two legal orders this difference has its origins in the revolutionary movements, which posed me foundation of the two democracies. This conception was also inevitably influenced by the political problems of the same time as well as by the weight of the intellectual ideas, which preceded the two movements. Their evolution in the course of time brought nuances to the political ideas of the foundation which are equally useful to our understanding. France is an exemplary case for continental Europe since the principal ideas underlying the French revolution concerning the understanding of liberty and the role of the state influenced considerably the conception of democracy in the other European states
Lecoq-Pujade, Benjamin. "La naissance de l'autorité de la représentation nationale en droit constitutionnel français (1789-1794)." Thesis, Lyon, 2019. http://scd-rproxy.u-strasbg.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D238%26selfsize%3D1.
Full textThe place and the contemporary role of Parliament in French institutions lead to question the nature of the traditionally recognized authority of national representation. The objective of this research is to analyze the revolutionary origins of French constitutional principle which consists in seeing, in the assembly of representatives of the Nation, the heart of a politicial authority whose source is the representative expression of the general will. The French Revolution has long appeared as the matrix moment of modern constitutional law and constitutionalism in France. However, unlike its predecessors in England and North America, it was less intended to limit power than to regenerate both its foundation and exercise. In this respect, it presents itself to constitutional law as a revolution of authority, that is to say as a total upheaval of the foundations of political existence tending to replace the old monarchy, traditional and sacral, with a modern constitutional order based on the equal freedom of citizens and the natural autonomy of national community. The great work of the French revolutionaries was, therefore, to redefine the relation of command to obedience by substituting the transcendent authority of the monarch, by the immanent authority of a Nation, which materializes itself through its representatives. It is in fact through the lens of representation that the Revolution undertook to reconcile authority and freedom. The advent of the national rpresentation, destined for a long time to become the center of gravity of French political life, finds its origin in this desire to refound the obligation of obedience through the conjunction of individual autonomy and collective autonomy. This liberal and emancipatory project, which consists in realizing the nation’s grip on itself through representation, nevertheless suffers from a congenital ambivalence due to the contradictory aspirations of revolutionary constitutionalism. It is divided between the need to justify the subversion of the old order, and the desire to establish for the future a liberal and temperate government, tending to rationalize and depersonalize public authority. The institution of national representation, produced and generated by the Revolution, crystalized this tension. The work of the Constituent Assembly and the National Convention reveals that the revolutionary constituents have constantly oscillated between two conceptions of representation and constitutionalism. One, modern, relies on the otherness of the Nation and its representatives to place the Constitution and the guarantee of rights above the authority of the latter. On the contrary, the older one tends to symbiosis with it by basing the authority of national representation on an existential imperative: to give life to this sovereign nation which can only come to legal existence by the expression of a common will. Revolutionary constitutionalism therefore remains in the middle, stuck between the organicist tradition of the Old Regime, in which it has its roots, and the outline of a modern constitutionalism tending instead to dissociate the state and the society, as well as authority and freedom
Chopelin, Paul. "Ville patriote et ville martyre : une histoire religieuse de Lyon pendant la Révolution (1788-1805)." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_chopelin_p.pdf.
Full textAs a catholic metropolis of major importance, Lyon is an excellent site for studying both the religious and urban aspects of the French Revolution. The parochial context then changes radically in order to adapt to the evolution of the society. The clergy are less numerous whereas, by force of circumstance, the laity are assigned a more active part in the life of the Church and become real militants. Conversely, during the revolutionary period, a large number of the population detach themselves from Catholicism and, at the same time, emerges an anticlerical opinion, just as militant. The characteristic elements of the contemporary religious scene in Lyon are set up : the public space becomes an area of confrontation between catholic militancy and anticlerical militancy. But, faced with the violence which bathes the city in blood from 1792 until 1795, the population of Lyon also learns to compromise and restrain themselves on both political and religious matters
Cahen, Raphaël. "Friedrich Gentz (1764-1832) : penseur post-Lumières et acteur du renouveau de l'ordre européen au temps des révolutions." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1048.
Full textFriedrich Gentz was a publicist, an expert in public finance and political economy, an Austrian diplomat. After the Congress of Vienna in 1814-1815, he became the "Secretary of Europe" whilst remaining an independent intellectual and an Orientalist, at the head of the Ottoman policy of the Austrian Empire. He was also one of the architects and leading players in the anti-Revolutionary and anti-Napoleonic networks and a convinced European. Beginning with a bibliographical section in which correspondence and unpublished sources are examined, this thesis, in its first part, will focus on the study of the intellectual formation of Friedrich Gentz, and will put into perspective his post-Enlightenment political views in the opposition networks moderately opposed to the French Revolution. Particular emphasis will be placed on the networks he used to convey his political views. The second part of this thesis will analyse his thoughts and actions with regard to the order and stability of the "European Republic". Two specific aspects will be highlighted, namely: that of his role in the theorising and creation of the Concert of Europe as an institution for the maintenance of peace and security; and that most conservative moment in his political thought, his role in the Carlsbad Decrees (1819) and the Conference of Vienna (1820) with its restrictive interpretation of Article 13 of the German Confederation. At the end, both his favourable position regarding the revolutionary movements of the 1830s and the kernel of his political thought, in other words, the idea of reconciliation of extremes and the progressive reform of political systems and constitutions will be considered
Shafiei-Nasab, Djafar. "Les mouvements révolutionnaires et la constitution de 1906 en Iran." Lyon 2, 1986. http://www.theses.fr/1986LYO20050.
Full textFollowing the general strike in august 1906, in which wide sections of the population, businessmen, traders, and craftsmen included, participated; Muzaffar-al-Din Shah established a constitution. This was the result of a long battle that had started in the middle of the 19th century, a battle which sometimes took the form of a politico-religious movement and at other times that of an anti-colonialist and antiabsolutist movement. The intellectuals who had been dreaming of changing the country's political structures for a century took part in this battle, characterized by its clear goals. In order to reach their goal they instigated a battle that lasted for half a century and the modalities of which reflected the nature of the ruling authorities. In august 1906, this battle ended in the assumption of power by the constitutional regime and in a crystallization of their political goals. But the political struggle towards the realization of the social and economic objectives continued. These objectives were initially included in the main demands of the urban middle class and later in those of the rural middle class. In reality, the efforts to establish a democracy sometimes resembled armed resistance. At the same time a shift in the relations of power among the constitutionalist groups - both inside and outside
Chavanette, Loris. "Repenser le pouvoir après la Terreur : justice, répression et réparation dans la France thermidorienne (1794-1797)." Paris, EHESS, 2013. http://www.theses.fr/2013EHES0024.
Full textThe work here is a problematisation of the history of the revolution of Thermidor and more specifically its political justice. The research on the promises and realisations of thermodorien justice, and particularily the political repression, will drive us from the coup d'etat against Robespierre, the 9 thermidor year 2 (27th July 1794) to the military coup d'etat of 18 fructidor year 4 (4th september 1797). These three years are quite an "homogeneus" ensemble. The reason of this choice of laps of time is that the functioning of justice was reforged and rethought by the Thermidorians but was shattered by the coup d'etat of the 18th fructidor. The work here will be to seize the main lines of the thermidorian period through profound comprehension of the judicial and military procedures that structured the political repression. The reinforcement of the rights of the defense after thermidor shows a certain liberalization of the Republic. Thanks to the study of a series of importants trials, the conclusion is that the thermidorian regim had a certain respect for the rights of defense. The trials against the “terrorists” Carrier or Fouquier-Tinville in front of the revolutionary Tribunal in year III were the occasion for the regime to prove his respect for the defense. In the same way, the repression of the insurgents of prairial, the rebels of vendemiaire and the royal agency of Paris, by a military justice, reveals, more or less as the case, a procedural and moderate mind, surprising for such an extraordinary repression. Those points help us to understand how the government of year III succeeded in finishing the Terror. But the emergence of new rights destabilizes the government. This paradox complicates the ending of the revolution. The dilemma of the Thermidorians will be to give a stable government whilst staying faithful to the principles of the revolution of 1789 and keeping this balance is a tender subject. Through the study of different forms of political repression under the thermidorian republic, will be analysed the difficulties for the leaders to put an end to the revolution by establishing a constitutionnal state
Maillard, Georges-Frédéric. "L'intégration politique de l'Alsace de 1648 à 1870." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA011/document.
Full textFrom the tenth century to the year 1648, Alsace remained a part of the Holy Roman Empire, until it cession to France according to the terms of the Peace of Westphalia, following the Thirty Years’ War. Having received a foreign and unwilling province, the Kingdom of France had to find ways to incorporate Alsace into its emerging national community. After having asserted with difficulty it sovereignty over the territory, the monarchy established a progressive integration policy, respectful of regional privileges. From the French Revolution onward, Alsace’s assimilation was greatly accelerated, to such an extent that it had become fully integrated to France until being conceded to the German Empire at the end of th Franco-Prussian War. This thesis reviews the various policies conducted by France toward Alsace’s integration during its rule. It examines particularly the role of specifically created public institutions, and the laws affecting administration, justice, economy, education, religion and language which were enacted and enforced to that end
Roux, Stéphane. "Le concept de "convention nationale" sous la Révolution. Contribution à l'étude de la représentation constituante." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020076.
Full textIn a constitutional system founded on the sovereignty of the nation, constituent power is an ambivalent phenomenon, difficult to analyse in juridical terms. By definition resistant to mandatory regulation, the supreme power in the state must necessarily take a form which enables it to express a normative will. The actors of the French Revolution push the confines of the law, taking advantage of the resources of political philosophy and history to establish a constitution, fundamental principle of the juridical system they seek to institute. They create tools to achieve their ends: the concept of “national convention” being one, taking inspiration from the success of American achievements. Rather than an institutionnal transposition, the French revolutionaries proceed with an adaptation. By becoming “extraordinary”, the constituent representation which they conceptualize losses its revolutionary character to become fully juridical. It offers an alternative to the insurrection. By coming into existence invested with the capacity to exercise sovereignty, this power is released from all legal constraints other than those arising as a result of its organization. The process, however, is two-sided, and internally produced constraints weigh on its members, exacerbating tensions thar tear a collective body endowed with the broadest powers. The bloody excesses that strike the National Convention are not inevitable. They arise from political exploitation of flaws inherent to the organization of a sovereign representation whose members must not have any privilege
Jourda, Emmanuel. "Les usages postrévolutionnaires d'un canon orthodoxe : le Front Uni et l'invention politique de l'après-révolution en Chine (1978-2008)." Paris, EHESS, 2012. http://www.theses.fr/2012EHES0109.
Full textThe purpose of this work is to define in conceptual terms the political organization of the people's Republic of China in the post revolution period. We'll therefore qualify in a historical perspective the process which saw the Chinese Communist Party emancipating from the Maoist revolutionary times and reshaping itself as a state-party. These changes will be discussed through an in-depth analysis of what is the United Front : a political concept moving with the Communist party and the PRC since their creation ; a department directly linked to the executive core of the party ; a political set of actions targeting specific parts of the chinese nation, inside its borders as well as overseas. The evolution of the United Front - as described in the official records over a 30-year period - offers a timely acute view of all the political changes the country has been through. This will allow us to look back into the successive waves of transformation that led the Communist party to adapt itself to the country's socio-economical changes, and to use hegemony and state control as the gate-keepers of its own institutional stability. This ambition was made possible by a constant internal reassessment of how the Communist party should reshape in order to escape both the proletarian and the democratic revolutions. Hence the search of a so-called "juste milieu", standing between justice and political stability, through taking the society in account without giving away the political power, wich remains the property of the Communist party
Taallah, Chokri. "L'identité du droit." Paris, EHESS, 2016. http://www.theses.fr/2016EHES0014.
Full textIdentity has three senses : it means unity (the one, the same), ipseity (the ipse) and aseity (the a se). After a reconstruction of the onto-epistemology of legal and political theory and a criticism of doctrines that spring from it, our thesis tries to demonstrate that the identity of law is necessary but not absolute : the truth of law is ipseity and not aseity. The conception of law not from the picture of aseity, substance, system, rules and concept of law, but from the limits of law, exception, conflict, stasis, from the dawn and not from the dusk, shows its historical and philosophical truth as a possible. Legal theory as non-theory is then both possible and interesting : it is philosophy of law tha the history of political and legal revolutions confirms
Zouaghi, Sabrina. "L'influence du salafisme dans le processus de rédaction de la nouvelle constitution tunisienne." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/32535.
Full textBeye, Mamadou. "L'influence de Nicolas Machiavel et Carl Schmitt sur le droit constitutionnel de l'état de crise : étude comparée à la lumière des droits anglais, américain et français." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMLH30/document.
Full textA cross-reading of the writings of Machiavelli and Schmitt not only allows us to decode certain past events, it also illuminates our understanding of the most recent challenges to the security of the state. Indeed, both authors conceptualize states of emergency – understood as responses to disorders threatening the preservation of the state not adequately covered by positive law – and their analyses demonstrate points of agreement as well as divergence. Comparing and contrasting them makes salient their lines of force. Both authors shed important light on the Anglo- American and French revolutionary movements of the seventeenth and eighteenth centuries as exceptional situations. Moreover, they also provide insight into the more recent emergency situations encountered by these states in confronting the terrorist phenomenon. The interest of such a perspective is twofold. On the one hand, the confrontation of the Machiavelo-Schmittian theory with concrete events demonstrates – despite insurmountable anachronism – their undeniable influence on the operations of law in crisis situations. On the other, from the perspective of their practical application, the theories of Machiavelli and Schmitt both prove inadequate in their apprehension of the exceptional phenomenon, notably with regard to the means that might be deployed to curb the threat. With this in mind, it is imperative to understand both the relevance of the political thought of these two authors, and take the measure of the limits of their theories. A proper understanding of the pertinence and limits of their theories with regard to the present situation should enable us to devise improved legal tools in response to the current crisis
Bouaziz, Margaux. "Significations et interprétations de l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 : contribution à l'histoire de la notion de constitution." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D072.
Full textArticle 16 of the Declaration of Rights of Man and of the Citizen of 1789 provides that "Every society in which warranty of rights is not assured, nor separation of powers determined, has no constitution.” This research aims to recover the historical meaning of this text, in order to compare it with its contemporary interprétations given by constitutional scholars and by the Constitutional Council. Firstly, relying on linguistic history’s methods, it demonstrates that this statute originates from the mutations of the conceptions of political powerand the invention of the notion of constitution in the 17th and 18th centuries. This notion, and particularly that of constitution of the society, are créations of natural law theorists and contractualist philosophers. Afterwards,they are taken up and adapted to the French context for the purpose of using them as a political weapon,which leads to the emergence of three constitutionalisms: parliamentary, patriot and royalist. Secondly, the study focusses on the adoption of article 16, which represents the recognition of the patriot conception of the constitution.This provision is the symbol of the patriots’ victory over the conservatives and the royalists in 1789. lt is also the legal recognition of their vision of the constitution. Thirdly, the research shows the mythical aspect of the meanings attributed to article 16 in the 20th and 21st centuries and it analyses the process of mythification of article 16, as an element of political theory as well as a constitutional norm
Racette, David. "L'étiquette en sursis : le développement du protocole de cour français durant la phase monarchique constitutionnelle de la Révolution française : 14 juillet 1789 - 10 août 1792." Thèse, 2006. http://hdl.handle.net/1866/16842.
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