Thèses sur le sujet « Pouvoir exécutif »
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Jorda, Julien. « Le pouvoir exécutif de l'Union européenne ». Paris 1, 2000. http://www.theses.fr/2000PA010265.
Texte intégralErenon, Dominique Désiré. « Le pouvoir exécutif en République centrafricaine depuis l'indépendance ». Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010280.
Texte intégralFrom December 1st, 1958 to December 15th, 2014, constitutional, institutional and socio-political evolution of the Central African Republic is characterised by a permanent instability. […] While the French Constitution of the Fifth Republic is still applying since its adoption on October 4th, 1958, Central Africa totalizes no less than 6 Constitutions within only 56 years (for a life's duration of 9 years in average for each one). Central Africa counts several constitutional reviews, 12 Constitutional Acts, and a Constitutional Charter of Transition adopted on July 18th, 2013. Furthermore, the country planned to adopt by 2015 another Constitution for the Seventh Republic in place. The 6 successive Constitutions established each one a parliamentary regime, however the latter is strange and never worked as a real parliamentary system but as a presidential one where the President of the Republic concentrates all the powers in his hands as well as he practices a form of personalisation of the presidential function. Contrary to the parliamentary logic, the Chief of State appoints and dismisses ad mitum the Prime Minister, and even the Ministers who actually ignore the power allocated to the Prime Minister to make proposals in the process of appointing the Ministers. This strong and omnipresent presidentialism constitutes the main factor that explains the failure of the idea of a parliamentary system in Central Africa since the first Fundamental Law known as the Constitution of February 16th, 1959. The presidentialism in Central Africa constitutes one of the characteristics of a nondemocratic and political inadequacy in the practice of powers, and at the same time, it is also the origin of the deformation of the executive power. This situation produces a contagion's effect. It contributes to a general deformation of the political institutions. The institutional deformation is also the fact of an insufficient consideration of the sociological environment in terms of respect of the Constitution and the normal functioning of institutions, and of a lack of awareness of citizens in favour of it, and of a shortened constitutional and institutional imitation. Some entire provisions of the Constitution often appear as virtual. The Central African executive as a whole suffers a deficit of legitimacy, but nevertheless it is a powerful State and mostly practically irresponsible. This is clearly the fact of the imbalance of the necessary constitutional triptych Power-Legitimacy-Responsibility. The principle of separation of powers remains formal, and so imaginary. Because of his personality cult well celebrated, the Chief of State vests the other institutions with his authority and at the same time takes their powers. Then this is the subjection of the Prime Minister and Ministers, the domestication of legislative and judiciary powers, and even the media suffer the same fate. This thesis that aims to be modest is a contribution to a constitutional and institutional engineering that is appropriate and necessary for Central Africa, which is considered in 2014 as a State completely failed, and then as a country to be rebuilt. Under this report, it is clear that this is the Constitution that shall be not only the foundation and the cornerstone of the New State, but also the sap irrigating and feeding the future institutions of the country. Yet, the reflexions and analyses raised in this thesis may inspire the writers of the future Constitution of the Seventh Republic which adoption is planned for 2015
Valette, Jean-Paul. « La dynamique du pouvoir exécutif sous la cinquième République ». Paris 1, 1993. http://www.theses.fr/1993PA010259.
Texte intégralAlfaraj, Nasser. « Le pouvoir exécutif et législatif du Koweït et du Bahreïn ». Rouen, 1995. http://www.theses.fr/1995ROUEL209.
Texte intégralThe two constitutions establish two orleanist parliamentary regimes. This allows the two sovereigns to dominate the executive and to participate actively in the edition of laws. The executive is bicephalous, with an inviolable emir, and a government responsible before the Parliament. The sovereign is the incontestable master of the executive. The government emanates from him only, and it stays on as long as it has his confidence. The government, however, is also responsible before the Assembly. In order to counterbalance this responsibility, the two emirs have the right to dissolve the Assembly. Although it has the characteristics of bicameralisme, the Parliament in both countries - is monocameral. The majority of MPs is elected, the rest is named by the emir. The ministers who are recruited from outside the Parliament become ex officio members of the assembly. Yet the government is only responsible before the elected MPs. Thus, the status of named MPs resembles that of the upper house of a bicameral Parliament. The status of elected mps resembles that of the lower house members. The emir disposes of an absolute veto towards constitutional laws and a suspensive one towards common laws
Pirou, Xavier. « L'évolution des relations entre le pouvoir exécutif et le pouvoir législatif sous la Ve République ». Rennes 1, 2007. http://www.theses.fr/2007REN1G010.
Texte intégralRizk, Boutros. « Le développement du pouvoir exécutif au Liban : comparaison avec le droit français ». Paris 12, 1988. http://www.theses.fr/1988PA122004.
Texte intégralMourtada-Sabbah, Nada. « Le privilège de l'exécutif aux Etats-Unis ». Paris 2, 1997. http://www.theses.fr/1997PA020085.
Texte intégralThe thesis aims to study the "executive privilege" in the united states; the term "executive privilege" can embrace at least two distinct, though related, claims: it might be invoked as an immunity of the president from legal process, or as a president's claim of constitutional authority to withhold information from congress and the judicial branch. The "privilege" is not expressly granted by the constitution. Cetain scholars admit that it can be implied by the necessities of the system, in particular by the separation of powers; others, such as raoul berger, consider this privilege as a myth, "fashioned by a succession of presidents who created precedents to suit the occasion". The "executive privilege" is also one aspect of the larger subject of relations between congress and the president. The "privilege", namely through the united states v. Nixon case, is also an "illustration of the recurrent confrontation that opposes the executive branch to the judiciary; an example of the conflict between the claims often renewed of the american presidents to increase their authority,and the role constantly reasserted of the supreme court to say what the law is. " (whereas the president insisted on the principle that he must "decide, independently of all other authority, what papers coming to him as president, the public interst permits to be communicated, and to whom, the court contended that a court in a criminal case possesses the ultimate authority to decide what is required on balance to be produced in the interest of the administration of criminal justice). The scope of "executive privilege" remains in a state of tension because of three competing demands: the integrity of the judicial process requires evidence; the executive branch needs a measure of confidentiality in its deliberations; and congress depends on information to carry out its responsibilities. If the three branches of government are coequal in status and have a right to preserve their independence and influence, "it would be contrary to the constitution for one branch to subordinate its interests to another". My project aims to answer such questions as : -what is the role of "executive privilege" in american constitutional law? -where does it stem from? what are its foundations? try to look for this theme in the origins of the american system of government, in the genesis of american constitutiona
Devedeix-Margueritat, Sonia. « La Ve République ou le renforcement de la responsabilité politique du pouvoir exécutif ». Reims, 2006. http://theses.univ-reims.fr/exl-doc/GED00000296.pdf.
Texte intégralIn France, under the fifth republic, the crisis concerning the political responsibility of the members of the executive power – the president of the republic and the ministers- is often denounced by the doctrine and the actors of the Political scene. There are indeed, a number of dysfunctions. There is no denying this, and however this is not the subject of this thesis. Our objective is to show that the political responsibility is the only responsibility conceivable for the government and that the fifth republic can be presented as the "golden age" of the political responsibility. This is the conclusion that can be drawn after a closer look at the constitutional texts and some political phenomena observed on an individual and collective level since 1789. First of all, the comparison is in favour of the political regime of the fifth Republic. The Constitution of October 4th, 1958 is a text which takes into account past experiences. Its authors wanted to draw the lessons from the past. Through the years some revisions have reinforced the mechanisms concerning the responsibility of the government. They take different aspects (" polymorphic"). The influence of the citizens and the Members of Parliament has increased. The regime of the political responsibility has become a polyregime. The involvement of the government's political responsibility in front of Parliament occurs in three different stages. The first step is a phase of anticipation, taking place beforehand, when the government is formed. The second step is an intermediary one, a phase of control of the governmental action by information. During this phase, Members of Parliament have to see to it that the national will is duly respected by the government so that this political cohesion between the different powers is maintained and therefore avoid taking the next step, the phase of sanction. This ultimate stage, which can lead to the overthrow of a government unwilling to abide to the expectations formerly expressed by the majority, is not an end in itself. It highlights a disagreement thus heralding a new era. The political responsibility of the rulers is also involved in any electoral background – presidential, local, general elections or referendum-. The phase of anticipation does not always take place. Furthermore, it seems that the political responsibility is the only conceivable responsibility for the rulers and even for the whole political system. It is a more peaceful way of ending political conflicts and its very first goal is to ensure harmony between the executive and the legislative powers. It stands both as a reference and as a norm (standard) for those who exercise political functions and for the citizens. The principle “political responsibility” is essential to the analysis of political behaviours, choices and decisions. It needs to be protected and strengthened. The constitutional law must reinforce its mechanism
Beliart, Guillaume. « Le pouvoir exécutif et la fédération dans la construction de la République américaine ». Paris 2, 2005. http://www.theses.fr/2005PA020101.
Texte intégralMoraes, Baceti Camila. « Les rapports entre les pouvoirs législatif et exécutif dans le droit budgétaire brésilien ». Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010280/document.
Texte intégralGovernment budget is an essential tool for Public Administration, which needs to make good use of it in order to implement policies and achieve its objectives. Budget management is regulated by budget law, which also determines the roles of the Legislative and Executive branches in the stages of the budget cycle: preparation, approval, execution and control. The distribution of powers between the Government and the Parliament and the interactions between these actors regarding the budget may determine if a given political system is more or less democratic. The Parliament's involvement in financial decisions is not only essential to democracy, but also a guarantee of greater transparency and efficiency in public finances. Brazil is a young democracy, one that has been consolidated only since the enactment of the Federal Constitution of 1988. From that moment on, Brazilian budget law has substantially evolved, the enhancement of the level of participation of the Legislature Power and the adoption of a more effective governance model being great examples. However, the relationship between the Legislative and Executive branches is still conflicting. The Executive branch has a tendency to overpower the legislature, especially when it comes to the government budget. The aim of this thesis is to analyze how the Legislative and Executive Powers are involved in the budget cycle and what is the kind of relationship that is established between them in each stage of this cycle. These research questions are intended to shed some light on the often-stated argument that the Executive branch dominates the budget process and to assess to which extent is the Legislative Power responsible for such a dominance
Baranger, Denis. « La formation d'un exécutif responsable en Grande-Bretagne du milieu du dix-huitième siècle au milieu du dix-neuvième siècle ». Paris 2, 1996. http://www.theses.fr/1996PA020134.
Texte intégralThis study wishes to provide an account of the incipience of the modern responsible executive in england, during the long eightenth century. Its main contention is that, during this period, england has viewed a major, albeit slow and largely unvoluntary, shift from an executive framed in terms of a monarchical trust to one where responsibility mainly focuses on the ministry. It is suggested that this shift can only be fairly expouded if one takes into account, not only the process through which the ministerial power has been made accountable, but also that by which it has received its shape and internal structure. The first part of the thesis deals with the change in the executive structure: it is shown how the principle of political responsibility acts as a major cause in the transformation of the dualistic relationship between king and ministers inside the executive sphere. In the second part, the very process of political accountablity is studied in some degree of detail. The three familiar stages of this process (i. E. : the penal procedure of high treason, the rise of a parliamentary power of expressing defiance towards the ministry, and the birth of a popular control of the ministry) are shown, not as three distinct and successive periods, but as three processes, each of them being related to an original understanding of political justice, whose effects can be viewed throughout the history of the long eighteenth century, though each one has come to maturity at a different pace
Georgopoulos, Théodore. « La séparation horizontale des pouvoirs en France et en Allemagne à l'épreuve du droit communautaire : la fonction de contre-pouvoir ». Aix-Marseille 3, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099054.
Texte intégralWhereas the principle of institutional autonomy rejects the idea of a mutation within the separation of powers due to EC law, the national legislature, executive and judiciary interact to either cope with the demands of the Community or to stand out against them. From the conclusion of the treaties to the execution of court decisions sanctioning a breach of EC law, state powers confront each other by means of exercising their common or specific legal prerogatives. The systemic analysis of these "checks and balances" in France and Germany leads to the conclusion that the confrontation of state powers on EC issues reflects the need to conciliate two distinct logics, the national and the EC one
Diop, Ibrahima. « L'exécutif dualiste dans les Etats d’Afrique noire francophone : Etude de la problématique du partage du pouvoir exécutif ». Clermont-Ferrand 1, 1998. http://www.theses.fr/1998CLF10203.
Texte intégralIn francophone black african states, the primacy of the executive power is establish. There is a question the comes up regarding dualistic or two- headed executive, that is, shared between a president and a prime minister. Is such an executive an inevitable way to a dyarchy ? Is one of the two components of governement apparatus bonnd to utterly dependant on the other ? In modem political regimes a two-headed executive is considered as a basic feature of the parliamentary system. However, in francophone black african states, this mode of government has been experienced not only in regimes defined as parliamentary, but in regimes openly presidential as well. Nevertheless, from the independences to the democratic wave of the 90's, any form of political regime experimented has ever led to fair division of the executive power. Either the regime failed to be a parliamentary one and the dualistic executive became a dyarchy, or it became presidentialistic with an executive in which the prime minister was being under command of president. Or eventually, the regime was controlled by an assembly turning the president into an + accessory ; and the prime minister subjected to the supervision of the assembly. In view of these cases our purpose is to suggest a new form of dualistic executive matching african realities. A form whose success neccesarily depends on the the adoption of highly decentralised pplitical regimes giving great importance to regional executives, compelled to have freaker awareness of the people's expectations. These regional executives will be given actual power to initiate local policies in response to the population's ordinary neeeds. Conflicts of competences between the president and the prime minister, common at the head of centralised state of the jacobin kind for instance, would be avoided. The entire population would be involved in the exercice of power in order to let none of it part feel estranged from it and get into identity claims in reaction. A central executive will remain in our new dualism but with a main feature : as with the head of state whose prerogative would be redifined, the prime minister would play an actual and important role. The prime minister would be henceforth in charge of the executive power, engaging his responsability in his decisions as opposed to the president protected by presidential irresponsability
Garcia, Jean-René. « Contribution à l'étude de la notion d'ambivalence pour l'analyse du pouvoir exécutif : le cas de la Bolivie ». Paris 3, 2006. http://www.theses.fr/2006PA030149.
Texte intégralIn this thesis, we have attempted to return to the theoretical origins of executive power and, departing from a study of the case in Bolivia, to analyze the ways in which modern constitutionalism tried to reconcile the notions of “force” and “legitimacy” through the formulation of a consensus on ambivalent executive power effectuated during Historical Constitutional Times (HCT). In Bolivia, the consensus on ambivalent executive power, that is, on a power whose competence extends beyond a strict enforcement of the law, has enabled the assurance of the structuring of the political system during Historical Constitutional Times. Thus, Bolivia represents a case for analysis making it possible to construct a modern doctrine on ambivalent executive power in Latin America
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.
Texte intégralMazhari, Mohammad. « La liberté communale en France et en Iran : étude comparée ». Paris 5, 2010. http://www.theses.fr/2010PA05D006.
Texte intégralWe can doubtless estimate the liveliness of a democracy at the autonomy which it leaves with its regions with a measure of autonomy. The object of this study is to establish a comparative study of the municipal freedom in France and in Iran. In spite of the difference of regimes, the management of cities and, in particular, big conglomerations, is subjected to the same constraints. The local autonomy went unheeded for a long time in Iran because of the non-application of the texts which planned it. The city hall, the term used on the Iranian legislation, plays a dominating role in the management of big cities. In Iran, it is definitively in 1996 further to the approval of the " Law of the training, the power and the election of the Islamic council " which awards the choice of the mayor to the members of council that the city hall acquires a status to part, untied from any connected entity or not in the State. But there is always an ambiguity in the exercise of the freedom of the municipalities viewing the big power of the State and the limitation of the possibilities for the municipalities. The present research aims at studying in which measure the municipal freedom can exist in Iran comparing with France. This research work consists of two parts: the City Council and the executive power. In the first part we study the City Council in five chapters through election, skills, functioning of the City Council, the local administrative organization at the level of the district, the finances of the municipality, and the exercised control over the local councilors. The second part having for the title " The executive power " is divided into five chapters, dedicated to the mayor's mandate and to its functions and responsibilities. The study of institutions comes along with an analysis of the main skills of the municipality and with its finances
Montay, Benoît. « Doctrine des fonctions de l’“Executif” ». Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020083.
Texte intégralThe analysis of the legal functions of State, as it was developed from the seventeenth century, notably by Locke, has remained generally rather poor and has been subjected to tensions not likely to promote elucidation of the difficulties it raised, particularly in the early days of the French Revolution. The result was a veritable philosophico-juridical vulgate establishing three functions - legislative, jurisdictional, administrative - that do not fit very well with the diversity of the activities of the State, particularly the administrative or "executive" function conceived from an organic point of view as a residual category embracing all the legal acts and material acts of what can only be called "Executive" with the prudence of the quotation marks. The purpose of the thesis is therefore to offer a methodology that could be called "realistic" in order to construct a complete typology of the functions of the Executive by distinguishing the infinite ways of enacting a legal act or committing a material act. At the end of this typology, whose summa divisio opposes the internal functions to the international functions, it appears that this organ exercises or participates more or less in the whole of the activities of the State. From actions to functions and functions to essence, this thesis proposes finally to qualify the nature of an "Executive" which can not be reduced to a mere "power", in the sense in which one usually hears this term, but which is still and above all an "authority", which is now challenged
Rueda, Frédérique. « Le contrôle de l'activité du pouvoir exécutif par le juge constitutionnel : les exemples français, allemand et espagnol ». Toulouse 1, 1998. http://www.theses.fr/1998TOU10001.
Texte intégralThe aim of this thesis is to study how the constitutional justice controls the activity of the executive power. This analysis is led in comparative law, in order to check and to enrich our hypothesis. This study underscores that, if the internal logic of the constitutional justice is to expand his competences as far as possible, on the executive power included, the intensity of this control varies. Two kinds of intervention are standing out : an "indirect control" on the executive's action in the legislative field, which is globally effective; and a "direct" control on the executive's distinctive activities, in which the judge is more cautious. The constitutional justice carries on respecting the "irreductibility of politics"
Cárdenes, Agustín Alejandro. « La présidentialisation du système politique, étude de droit comparé Argentine - France ». Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3014/document.
Texte intégralStudies about presidentialization of Argentine and French political systems hold an important place in recent academic and political studies. However, despite such an acknowledgement, there are no comparative studies about Argentine and French experiences. The presence of a similar phenomenon in both countries –presidentialization- seems to prove that comparative method might offer interesting answers to questions posed by the presence of a similar concentration of power around presidents in countries whose constitutional structures differ. Thus, presidentialization appears to minimize the importance of such differences and takes into account the relevance of political systems
Breen, Emmanuel. « Le rôle de l'administration dans les procédures répressives ». Paris 11, 2000. http://www.theses.fr/2000PA111005.
Texte intégralQuinart, Emilien. « L'émancipation du pouvoir réglementaire (1914-1958) ». Thesis, Lille 2, 2019. http://www.theses.fr/2019LIL2D008.
Texte intégralAt the end of the 19th century, the Parliamentary Republic took root by exalting the principles of 1789 French Revolution and rejecting personal power. Following this ideal, the Executive’s power to make regulations is dreaded – only allowed when strictly subordinate to the law supremacy. In the 20th century, the situation has changed. Wars and crises caused an essential transformation of the activities of the State, which disturbed the exercise of legislative functions and republican ideals. This thesis aims to explain how, between 1914 and 1958, the Executive Branch recovered a power to make regulations, that exceeds the mere implementation of legislation. The data show that this emancipation process stemmed from both disruption of practices and constitutional violations, gradually establishing a new law – thanks to the influence of law professors and advisory departments of the Conseil d’Etat. This dynamic relied on the need for Executive regulation to protect the security and the continuity of the State. Progressively, that kind of regulation got an autonomous constitutional basis, and the Executive enjoyed an increased level of discretion to enact it. The result is that, already under the Third and Fourth French Republics, the implementation of legislation no longer defined the source and the scope of the power to make regulations. Finally, these findings allow to challenge the current understanding of the Constitution of the Fifth Republic : the articles 16, 21, 34, 37, 38, 41 and 92 should no longer be considered as “innovations”, but only as a formalisation and a systematisation what previous constitutional law introduced
Jeanclaude, Catherine. « Le principe de la séparation des pouvoirs en Russie : théorie et pratique de 1990 à 2005 ». Paris, Institut d'études politiques, 2006. http://www.theses.fr/2006IEPP0031.
Texte intégralThe aim of the thesis is to find out if the recognition of the power separations principle in Russia allowed to promote reforms toward a law State and market economy. The first part, dedicated to the formal recognition of power separations principle, targets to study the fundamental principles of the State liberal theory - the principle of power separations - in the construction of the russian State. In order to do that, we studied the main amendments to the brejnevian 1977 Constitution and the main steps of russian constitutional reforms between 1990 and 1993. This leads us to analyse the causes of political and juridical constitutional crisis between executive and legislative powers in the years 1992-1993, to study the definition of the power separations principle in the Constitution of the Russian Federation of the 12 december 1993 and its application in the elaboration of some articles as well as the influence of foreign constitutions ( french and American ) and of the European Council norms in the preparatory works to the adoption of the 1993 constitution. The second part is dedicated to the enforcement of presidential power, leads us to study the power exercice in the Russian Federation since the Constitution adoption at the level of the formation mecanisms of State power organisms and at the level of the law elaboration
L'Hôte, Vincent. « La responsabilité pénale des membres des exécutifs ». Nancy 2, 2001. http://www.theses.fr/2001NAN20009.
Texte intégralBouclier, Précloux Marion. « Le réformisme constitutionnel d'origine parlementaire sous la cinquième république : essai sur la constuction d'un discours juridique ». Perpignan, 2003. http://www.theses.fr/2003PERP1024.
Texte intégralDaucé, Françoise. « Pouvoir militaire et pouvoir politique en Russie : l'intégration du Ministère de la défense dans l'Etat russe, 1992-1996 ». Paris, Institut d'études politiques, 1999. http://www.theses.fr/1999IEPP0007.
Texte intégralQuinart, Emilien. « L'émancipation du pouvoir réglementaire (1914-1958) ». Electronic Thesis or Diss., Université de Lille (2018-2021), 2019. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247210275.
Texte intégralAt the end of the 19th century, the Parliamentary Republic took root by exalting the principles of 1789 French Revolution and rejecting personal power. Following this ideal, the Executive’s power to make regulations is dreaded – only allowed when strictly subordinate to the law supremacy. In the 20th century, the situation has changed. Wars and crises caused an essential transformation of the activities of the State, which disturbed the exercise of legislative functions and republican ideals. This thesis aims to explain how, between 1914 and 1958, the Executive Branch recovered a power to make regulations, that exceeds the mere implementation of legislation. The data show that this emancipation process stemmed from both disruption of practices and constitutional violations, gradually establishing a new law – thanks to the influence of law professors and advisory departments of the Conseil d’Etat. This dynamic relied on the need for Executive regulation to protect the security and the continuity of the State. Progressively, that kind of regulation got an autonomous constitutional basis, and the Executive enjoyed an increased level of discretion to enact it. The result is that, already under the Third and Fourth French Republics, the implementation of legislation no longer defined the source and the scope of the power to make regulations. Finally, these findings allow to challenge the current understanding of the Constitution of the Fifth Republic : the articles 16, 21, 34, 37, 38, 41 and 92 should no longer be considered as “innovations”, but only as a formalisation and a systematisation what previous constitutional law introduced
Marasco, Serge. « Le président de la Cinquième République ». Nice, 1986. http://www.theses.fr/1986NICE0020.
Texte intégralGoudineau, Claire. « La forme du chef de l'État républicain : de la collégialité vers l'unicité ». Paris 1, 1998. http://www.theses.fr/1998PA010328.
Texte intégralThe fifth republic confers very important powers to his president. This one embodies the state, and is irresponsible. For theses reasons, he is compared to a monarch. Does a republic betray itself by giving the direction of the state, and important powers, to an individual? Is there any republican tradition of individual commandment of the state? Why does republic give the power to an individual, rather than to a collective coponent? In 1793 and in 1795, republic is caracterized by its collective commandment. Personnal commandment is, on the contrary, typical of monarchy. Why has republic borrowed the individual commandment to monarchy, since 1848? What part does collective commandment take in republic? The study of parliamentary debates gives the answer. If collective commandment is adopted in 1795 and in 1795, it is not just in reaction of monarchy, likewise its rejection in 1848 can't be explained just by the experience of the chartes ; and by the americain exemple. Collective commandment is utilized by the constituants as a mecanism of gradation of executive power. Because of the weakness it gives to executive power, it is utilized as a perfect instrument of revolutionnary policy. It allows to bring executive power under parliament. It is the reason why collective commandment is given up in 1848. Crucial mechanism of institutional unbalance, collective commandment is naturally one of the most important constitutionnal concerns in 1793, 1795 and 1848
Bonduelle, Alexandre. « Le pouvoir d'arbitrage du Premier ministre sous la Ve République ». Lille 2, 1993. http://www.theses.fr/1993LIL20014.
Texte intégralPrime minister's arbitration doesn't come down to a simple form of political speech. It must be including as a real power of government's leader, definable into outlines and contain. Prime minister arbitrating settles conflicts oppositing ministers with deciding. This decision belongs to government consequently. Resulting from need of protecting governmental college's union, power of arbitration generates procedure which discloses regulation into governmental institution. But away from methods, power of arbitration looks like customary ability which implements one of side of management oft governmental action that article twenty one, indented line one, of constitution confers on Prime minister
Collazos, Velasco Maria Dolores. « Le rôle des Cours Constitutionnelles vis-à-vis du pouvoir Exécutif en Amérique Latine. Etude comparative : Chili, Mexique, et Colombie ». Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0069.
Texte intégralThe last two decades of the 20th century constitutional Tribunals emerged as powerful political actors in Latin America. This transformation is the consequence of the adoption of constitutional reforms during the late 80s and the 90s oriented to turn the constitutional Courts into more independent and powerful institutions.This dissertation seeks to provide elements to understand how and to which extent the institutional design introduced by the reforms shapes the Latin American Constitutional Tribunals’ behavior vis-à-vis the Executive power. More precisely, this research focuses on the role of Constitutional Courts as arbiters of the Executive branch acts in Chile, Mexico, and Colombia afterthe introduction of constitutional reforms aimed to reinforce the constitutional justice in 2005, 1994 and 1991 respectively. Although the standard approach proposes that the institutional design is a fundamental piece to model the judicial behavior, and this idea was in mind of those who conceived the reforms, my empirical results based on archival research and the study of decisions from these courts suggest that the way the constitutional judges build their professional identity, understand their goals in administering justice and assume their role in democracy, also matters in how they exercise the judicial review. In other words, this dissertation argues that the institutional design, although essential, is not enough to explain the Constitutional Court's behavior before the Executive in countries having reinforced the judicial review after authoritarian periods, such as those of my research. Further research is needed to better understand how the judge’s professional ideology and conceptions are formed, and how they shape judicial behavior
Bégon, Bernard. « Les questions au Gouvernement, à l'Assemblée nationale ». Montpellier 1, 1986. http://www.theses.fr/1986MON10042.
Texte intégralThe 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
Alhaj, Embarak Husam. « La séparation des pouvoirs dans le monde arabe : étude comparative des expériences du Maroc, de l'Algérie, la Tunisie, la Libye et l'Égypte : "Un principe à l'épreuve du pouvoir exécutif" ». Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100015/document.
Texte intégralThe principle of separation of powers is one of the most important principles on which the idea of modern democracy is governed by the rule of law. It is a fundamental pillar of the structure of a democratic political system based on cooperation and balance between powers. This principle was expressed by Plato, Aristotle, John Locke, Montesquieu, and Rousseau. In the wake of the American and French revolutions, and their applications has become the most important guarantee to prevent the domination and tyranny of rulers as well as respect for human rights and freedoms and justice.This research aims at enlightening those interested in studying the law in its importance and prestige in the constitutional rules of the state. (Tunisia, Egypt, Algeria, Libya, and Morocco) and its impact on their constitutions, to determine whether the separation of powers is theoretical or practical, and to examine the specificity of these countries in applying this principle
François, Abnel. « Les mécanismes de la prise du pouvoir exécutif en Haïti : de l’acclamation du chef de l’État à l’introduction du suffrage universel (1804-1950) ». Thesis, Paris 4, 2012. http://www.theses.fr/2012PA040194.
Texte intégralThe Abundant literature on the Haitian political life, as works of propaganda or disapproval of the governments, fact of the political history a place of settling of score, which gives a pace to impassioned polemic concerning the written documents of the elder generation of historians. This thesis, join and contribute to the work of some rare social scientists, which seek to renew Haitian political history. Studying the mechanisms of the executive seizure of power in Haiti does not mean denouncing faked elections, putsch, revolts, that are wrongly qualified of revolution. But it especially concerns a will to show the efforts which were made to establish a democratic regime and to modernize the Haitian political life. The objective of this work is to explain how Haiti has passed from the acclamation of the Head of State to insurrections, from weapons to polls, and from polls to the vote for all
François, Abnel. « Les mécanismes de la prise du pouvoir exécutif en Haïti : de l’acclamation du chef de l’État à l’introduction du suffrage universel (1804-1950) ». Electronic Thesis or Diss., Paris 4, 2012. http://www.theses.fr/2012PA040194.
Texte intégralThe Abundant literature on the Haitian political life, as works of propaganda or disapproval of the governments, fact of the political history a place of settling of score, which gives a pace to impassioned polemic concerning the written documents of the elder generation of historians. This thesis, join and contribute to the work of some rare social scientists, which seek to renew Haitian political history. Studying the mechanisms of the executive seizure of power in Haiti does not mean denouncing faked elections, putsch, revolts, that are wrongly qualified of revolution. But it especially concerns a will to show the efforts which were made to establish a democratic regime and to modernize the Haitian political life. The objective of this work is to explain how Haiti has passed from the acclamation of the Head of State to insurrections, from weapons to polls, and from polls to the vote for all
Cattoir-Jonville, Vincent. « La fonction militaire du chef de l'État en France, de 1871 à nos jours : contribution à l'étude du pouvoir présidentiel en République ». Lille 2, 1994. http://www.theses.fr/1994LIL20004.
Texte intégralWhat is generally underlined in studies on the presidential power in France since 1871 is the split between the third and fourth republics on the one hand and the fifth republic on the other hand. Particularly as far as the head of state's actual powers are concerned. The analysis of the head of state's military function in the long run reveal, on the contrary, a real continuity in the presidential institution. On the military level, the fifth republic should rather be considered as the heir to a tradition founded by Adolph Thiers - and kept up as well as can be since then - than as a split. Thus, on this level, the fifth republic is the outcome of the slow construction of an institution. A cyclical presentation of that institution, as regards the military function, can then be put forward. The setting-up of a strong presidential power (called "presidential government" or "principate") would evolve towards a magistrature of influence where the importance of the head of state's military role would still be significant, before ending in a comparative retirement of the head of state from the military field. As a reaction to that weakening, a strong presidential power would then reappear (the fifth republic would be one of those last stages)
Maloir, Jérémy. « Les ministres en Révolution (1789-1795) : du gouvernement à l'administration ». Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10047.
Texte intégralLe résumé en anglais n'a pas été communiqué par l'auteur
Hamane, Gouraya. « Le rôle des acteurs législatifs dans la fonction de production de la loi à la lumière de la révision constitutionnelle de 2016 : Approche comparée : droit algérien et droit français ». Thesis, Perpignan, 2018. http://www.theses.fr/2018PERP0051.
Texte intégralIn Algerian law, as in French law, the production of the legal standard goes through several stages, from the preparation phase to the implementation, it undergoes the intervention of several legislative actors that create an imbalance of powers within the lawabout the legislative initiative between the two chambers of parliament that enhances the Algerian Constitutional Review of 2016 and then between the Parliament and the Executive, the latter has control over the entire legislative procedure in terms of legislative debate until its adoption, the text is still in the draft stage as long as the veto of the President of the Republic,by the request for a second reading or for the delay of promulgation, is not lifted. This does not mean that the text becomes applicable because in the last step, the text depends on the constitutional council which, once entered, can correct, remove, reshape, a part or reject all the text for an unconstitutionality. Is it nevertheless true that in Algeria, the parliament is dispossessed of its original function, which is the production of the legal norm. Quid of the French parliament?
Kang, Myoungwon. « Le Pouvoir exécutif en Corée du Sud et en France : approche historique et contemporaine . La relation entre le Premier ministre dans la Constitution et la pratique institutionnelle ». Thesis, Cergy-Pontoise, 2017. http://www.theses.fr/2017CERG0887/document.
Texte intégralPolitical systems are not created spontaneously, but are the combined results of a nation’s history, the characteristics of its people, and the influences of neighboring countries over an extended period. They are in constant flux and development. Case in point, Korea and France have undergone many political changes from absolute monarchy to the democratic system of government currently in place.In the case of France, after establishing the foundation of democracy through a popular revolution and experiencing various political systems after the establishment of the Republic, it underwent the First and Second World Wars to arrive at today’s system of the Fifth Republic. On the other hand, in the case of Korea, the popular revolution of the late 1800s failed to succeed, and after annexation by Japan, democracy was established only after the end of the Second World War. Since then, Korea has experienced a presidential system of government, a parliamentary government, and a military regime amongst others. The current political regime of the Sixth Republic was stabilized in 1987.Presently, Korea and France are operating under different forms of government: a modified presidential system and a dual executive system respectively. Nevertheless, there are many similarities between the actual operations of the two. The main reason for this phenomenon is that both political systems share common elements. The political system of Korea is the American presidential system with a parliamentary element added to it, while France has elements of direct presidential elections and a presidential system based upon a parliamentary system of government.However, when the president and the majority of parliament disagree, the difference in the political systems of Korea and France is that the president’s right to dissolve parliament and the right to parliamentary disapproval are the most important. Secondly, in terms of executive power, the Korean prime minister is the second in command, whereas in France the prime minister is another form of executive power.Thus, the form and power of government in Korea and France share many similarities but appear to be different. Depending on what political conditions are present, a strong presidential system may appear, or a cohabitation government can take place. Under such a form of government, the prime minister is subordinate to the president. On the contrary, in France, the prime minister exercises his constitutional powers
Barbaroussis, Nicolas. « La fonction régulatrice du président de la Troisième République héllénique ». Paris 2, 1994. http://www.theses.fr/1994PA020020.
Texte intégralThe object of this thesis is establishing the regulatory function of the president of the third greek republic. The king's intervention in the function of the regime led the authors of the 1975 constitution to a detailed regulation of the relations between the executive and the legislative. The president of the republic was invested with powers of a regulatory character in his relations with the government (the prime minister), the parliament, the political parties and the people. The 1986 constitutional revision changed the legal role of the regulator of the regime by abolishing part of his powers and transferring some of them to the government (the prime minister), the parliament and the political parties. In the first part we attempt a legal interpretation of the president's powers to regulate the regime according to the 1975 constitution; next we ewamine the practice followed by the head of state under the same constitution with a view to establishing the regulatory function in his relations with the government (the prime minister), the parliament, the political parties and the people. In the second part we proceed in a similar way, to interpret his powers of a regulatory character and examine the practice followed by the president to clarify his new regulatory function under the revised constitution. The practice followed by the regulator of the regime led us to distinguish between the institutionalized regulatory function, provided for by the constitution, and his noninstitutionalized regulatory function, non-provided for by the same constitution. An array of factors of the legal, political, socio-political and personal character make his role relevant. The human factor, the political conditions, certain socio-political phenomena, and mainly the party system exert
Laporte, Anne. « Essai sur les conditions de la responsabilité pénale des chefs d'état et de gouvernement en droit international public ». Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2001.pdf.
Texte intégralGiven the gaps within the international legal order, precise conditions of a criminal responsibility of heads of states or governments are emerging. Although it is still impossible to establish an autonomous principle for this responsibility, the mIes regarding its theoretical basis and its practical application include some peculiarities from which an autonomous principle could result in the future. As far as the theoretical basis is concerne d, it has to be considered in the light of an international community, where heads of states and governments are granted a single customary status, because they are in charge of full state power. This status is not always a protective shield for the sovereignty but on the contrary reduces their immunities. More than any other organ the head of state or government "is the state" itself. The imputation of their crimes, which though personal faults, are related to their functions, implies a paradigmatic analysis of the connection between state and individual responsibilities leading to a combination of these responsi bilities. As for the practical application these "offences against good governance" (e. G. War crimes, crimes against humanity) refer to a violation of a standard defined as threats to international peace and security. Therefore this particular criminality raises mixed political and judicial reactions. An effective repression still depends mainly on the political will of the states and the UN Security Council : the possible solution lies in an international justice - though uncertain - complementary to internaI jurisdictions suspected of partiality
Piastra, Raphaël. « Du contreseing sous la Ve République ». Paris 1, 1997. http://www.theses.fr/1997PA010255.
Texte intégralThis thesis ains at studying the countersignature fifth republic. Our study is divided into two different parts. The first one insists on the countersignature as a rule wich practice changs as regards the political context. Thus, the powers which are peculiar and those which are shared will not be exercised the same way. It depends on the presidential system of government, whether it be a presidential or a parliamentary one, or if one refer to power-sharing. In the second part, on attempts to demonstrate that the countersignature, whatever the political context, remains a technically constant rule. So its analysis by the administrative judge (the council of state) as well as its collection and codification on the basis of leaflets (by the general secretary of the government) have been regularly carried out since 1958
Fath-Kurkdjian, Mélina. « La pensée constitutionnelle du Doyen Maurice Hauriou et la Cinquième République ». Nancy 2, 2001. http://www.theses.fr/2001NAN20007.
Texte intégralKordeva, Maria. « Le principe de la séparation des pouvoirs en droit allemand : étude doctrinale et jurisprudentielle ». Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA033.
Texte intégralThe thesis focuses on the german constitutional case law and doctrine relating to the principle of the separation of powers. The analysis of the problems concerning the meaning of the rule deducted under article 20 paragraph 2 of the German Basic Law of 23 May 1949 point up its practical application today. The interpretation of the solutions of the Federal Constitutional Court constitues the main part of this research however it is impossible to globally appreciate and understand the principle of the separation of powers without make the necessary effort to explain its genesis in the german constitutionnal law. Ergo, the theories of the Vormärz also the thought of the legal scolars of the Empire and the Weimar Republic are an important key stage that permit to grasp the present form of the principle in the decisions of the judge. The functional justice or the theory of the substantial decision complete the definition of the constitutional separation of powers. The concretisation of these integral elements of the principle create the system of checks and balances that govern the conflicting relations between legislative, executive and judicial powers
Care, Nicolas. « Compétence dans l'élaboration des règles de conflits et forme de l'Etat ». Paris 2, 2010. http://www.theses.fr/2010PA020047.
Texte intégralPrado, Maillard José Luís. « Le Mexique sous un nouveau contexte : Les rapports des pouvoirs politiques de l'Union ». Paris 1, 2001. http://www.theses.fr/2001PA010265.
Texte intégralGlénard, Guillaume. « L'exécutif et la Constitution de 1791 ». Paris 2, 1999. http://www.theses.fr/1999PA020094.
Texte intégralZakkour, Mouhamad. « La responsabilité de l'exécutif dans la constitution Libanaise après les accords de Taëf ». Paris 13, 2011. http://www.theses.fr/2011PA131002.
Texte intégralOne of the most important reasons within the constitution of 1926 causing a problem in the practice of power in Lebanon was the imbalance between the powers and responsibilities in each position of the executive power. The powers of the President of the republic were so extensive that he controlled the whole political life not being responsible for any of his acts except for the violation of the constitution and the high treason. Only the President of the Council of Ministers was responsible for his acts in practicing the power. In addition to this imbalance between the capacities of the executive powers there was the political sectarianism that controlled the political and constitutional life by giving the Maronites the presidency and the Sunnites the chairmanship of the Council of Ministers. All this has led to a civil war that lasted fifteen years and ended in 1989 by the meeting of Lebanese leaders in the city of Taif in Saudi Arabia to conclude a treaty that ended the civil war and amended the old constitution to give birth to a new constitution restoring the balance between all confessions. But, twenty years after the Taif Agreement, the political sectarianism has not been resolved and instead it was more rooted. Can the Lebanese political system continue to operate in a normal way while the constitutional and political sectarianism continues to control the system and its constitutional institutions?
Pacoud, Renaud. « Le judiciaire dans l’Etat : les cours fédérales américaines face au développement de la puissance administrative : 1891-1984 ». Thesis, Lyon 2, 2011. http://www.theses.fr/2011LYO20034.
Texte intégralEven though political scientists and historians have been able to make sense of the impact of bureaucracy on the Congress and the Presidency, the question of the relation of the federal judiciary with the federal state remains largely untouched, as if the constitutional confrontation of 1937 had settled the issue once and for all, with the traditional narrative of judicial restraint and executive triumph firmly in place. This work aims to suggest and explore another avenue for research, by underlining the importance of earlier, turn-of-the-century developments regarding the institutional evolution of the federal judiciary itself and the development of early administrative law. By shifting the focus of attention away from the New Deal crisis, we show that the complicated relation between the federal judiciary and the federal state did not primarily concern the place of administrative power in the constitutional structure, but rather the institutional identity of a federal judiciary which underwent profound changes before the New Deal. In other words, the federal judiciary has a history, and this has to count for something
Benoit, à. La Guillaume Luc. « Les discours d'investiture des présidents américains au vingtième siècle ». Paris 10, 1999. http://www.theses.fr/1999PA100005.
Texte intégralFournier, Julien. « L'indépendance de la Couronne canadienne : une question de droit et de conventions ». Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28231.
Texte intégralThis memory explores the rules that distinguish the Crown of Canada from the British Crown, both in its demise and in the exercise of its powers. Canadian law establishes and manages all State organs, and primarily the Crown, by rules of law and constitutional conventions that this memory intends to identify. The intent is, therefore, to highlight how the Crown, though indivisible through the Empire at its heyday, has became divisible at Canadian independence. It is done by the study of law related to the Crown shared by the United Kingdom and its late Dominions and the evolution of the organs that can legislate on, and make act, the Crown in Canada.