Дисертації з теми "Pouvoirs juridictionnels"
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Dupont-Marillia, Françoise. "Contentieux de la légalité et fonction administrative." Clermont-Ferrand 1, 1995. http://www.theses.fr/1996CLF10171.
In its present form, the control of legality is the result of an historical evolution which sets it in a complex systemic relationships involving multiple interactions. The objectives of the administration are very different from what they were at the tum of the century. The attitude of the administrators and those under their administration has also changed. Inevitably, a new equilibrium must therefore be found. To that purpose, a compensating force, of an equal intensity but of an opposite direction, must be created. Thus, as the judge, for reasons of effectiveness and credibility, is gradually becoming more of an administrator. Compensating mechanisms are emerging that bring the judge back to his essential functions. In fact, the judge of legality is certainly more an administrator as a result of his methods ans his new powers. But, on the other hand, the judge of legality is also certainly more a judge as a result of the evolution of his status and, in a more general sense, as a result of the evolution of the collected body of judges. Finally, the correlative decrease in the role of the administrative authorities, traditionally acting as judges of legality, is another manifestation of this evolution. However, the administrative judge, the key person in the control of legality, realizes that the path of progress is changing direction. This, strictly considering the contentious issues, raises some questions so far left unanswered
Dupont-Marillia, Françoise. "Contentieux de la légalité et fonction administrative." Clermont-Ferrand 1, 1995. http://www.theses.fr/1995CLF10001.
In its present form, the control of legality is the result of an historical evolution which sets it in a complex systemic relationships involving multiple interactions. The objectives of the administration are very different from what they were at the tum of the century. The attitude of the administrators and those under their administration has also changed. Inevitably, a new equilibrium must therefore be found. To that purpose, a compensating force, of an equal intensity but of an opposite direction, must be created. Thus, as the judge, for reasons of effectiveness and credibility, is gradually becoming more of an administrator. Compensating mechanisms are emerging that bring the judge back to his essential functions. In fact, the judge of legality is certainly more an administrator as a result of his methods ans his new powers. But, on the other hand, the judge of legality is also certainly more a judge as a result of the evolution of his status and, in a more general sense, as a result of the evolution of the collected body of judges. Finally, the correlative decrease in the role of the administrative authorities, traditionally acting as judges of legality, is another manifestation of this evolution. However, the administrative judge, the key person in the control of legality, realizes that the path of progress is changing direction. This, strictly considering the contentious issues, raises some questions so far left unanswered
Muhindo, Malonga Télesphore. "Le contrôle juridictionnel des pouvoirs publics et la séparation des pouvoirs : l'affirmation du juge dans le parlementarisme en France." Toulouse 1, 2005. http://www.theses.fr/2005TOU10054.
What is the impact of the juridictional control on State authorities on the French conception of the separation of powers and on the French parlementarism ? For a long time in France, judges were excluded from the field of political power. They were also forbidden to interfere in administrative and legislative duties. In the same line of ideas, judges were forbidden to bring before the courts the holders of those duties. Moreover, the justice was traditionally seen as a public service, as a dismemberment of the Executive to which it has be subordinated. The Montesquieu's liberalism characterized by the lack of power of judge and the Rousseau's democracy in which law is the infailible and sovereign expression of the general will finally reduced the judge as an instrument bare of any power. So, in France, the separation of powers was only viewed on the basis of relationship in term of collaboration and organic interdependance between the legislative power anf the executive power. That conception of the separation of powers led sometimes to a absolute parliamentarism, sometimes to a presidential parliamentarism. Nevertheless, nowadays, we remark a reversal of the situation. There is a change because of the advent of the constitutional State. In fact, we notice the jurisdictional control on all the organs of the power. Politics is as all well surrounded by the law and the judge. This is due to the combined action of the national judge, we mean the administrative judge, the constitutional judge and the judicial judge. On the other hand, this is also due to the international judge, in particular the European judge. Not only the judge imposes in the law making which is, for a long time, the competence of the legislator, and in a certain way, of the executive power, but also the judge can, in a roundabout way, put the law in motion on the organs of others power to force them to resign by using law procedures. This, the judge is a real actor in functional relationship and the organic powers interdependance. In France, the separation of powers became then a triparti distribution of powers because of the jurisdictional control of powers. More than the government of the judges, it is indeed the jurisdictional parliamentarism which is starting. This brings about specifically the issue of the responsability of the judges
Haloui, Khalil. "Les garanties du contribuable dans le cadre du contrôle fiscal en droit marocain." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00683303.
Tap, Florent. "Recherche sur le précédent juridictionnel en France." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10045.
Numerous French doctrinal studies have, increasingly since the twentieth century, used theconcept of precedent to describe the creation of general norms by judges. At first glance, thisconcept is spontaneously associated with common law systems, in which judicial precedents arebinding, under the rule of stare decisis. This change in terminology is not incidental but is theindicator of a paradigm shift in the normative power of judges in France. The purpose of this thesisis, in this perspective, to demonstrate that, while it is possible to use the term of “precedent” inFrance, it is not the result of an import of common law precedent, nor the result of a synthesis ofcommon law and civil law traditions. The construction of the French legal system since the Revolutionhas given rise to a certain understanding both of precedent and of its authority. The precedent inFrance has been developed through a “légicentriste” legal culture (i.e. focused on the law enacted bythe Parliament), and has been systematically approached through the conceptual canons ofperception of the law. Accordingly, the precedent in France was first conceived as the formulationof a general standard by a sovereign court, like the enactment of a statutory law by Parliament.However, the reasoning of courts in France tends to become more substantial and the solutionadopted is thus more justified. From a primitive conception of the precedent, similar to the law,we gradually move on to an autonomous conception of the precedent, conceived as the justificationfor the chosen solution, which serves as a foundation for similar cases in the future. Talking aboutjurisdictional precedent in France then amounts to taking note of these changes which, althoughstill relatively punctual and timid, nevertheless reflect a certain dynamic of evolution of the creativepower of judges in France
Hongsiri, Ruthal. "Le Contrôle juridictionnel du pouvoir discrétionnaire de l'administration en Thaïlande." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37605962m.
Gassiot, Olivier. "Du Conseil constitutionnel comme contre-pouvoir juridictionnel sous la Vème République." Toulouse 1, 2006. http://www.theses.fr/2006TOU10031.
Ambra, Dominique d'. "L'objet de la fonction juridictionnelle : dire le droit et trancher les litiges." Strasbourg 3, 1991. http://www.theses.fr/1991STR30009.
The judicial act may be better understood by the object of the judicial function which is to lay down the law resolve disputes. The judiciary is independent of th other branches of government. When laying down the law to settle a dispute the judge is not constrained to apply enacted law. Because he is bound to act according to different juridical noms, he interprets statute and case law, contributes to the development of common law rules and gneral principles of law and creates veritable rules of law. It follows as a matter of logic that he is entitled to introduce equity his decision making. This creative function is the source of his power. Courts of record have at their disposal effective means of exerting control over inferior tribunals and thus enjoy considerable regulatory power although legal theory hesitates to recognize it. The judge also has in a mysterious way another type of power: a disciplinary power the object of which is to observe and classify individuals in order to regulate their conduct. But this disciplinary power has been grafted on to the exercise of the judicial function as it has to the functioning of other institutions and it is not possible to be more specific. In reality the essence of the judicial function is to bring to an end litigation : the notion of litigation distinguishes the jude's acts from the jurisdictional function and separates the jurisdictional from the jurisprudential contents of his judgment. The function of resolving disputes confers a regulatory power on the judge, his legitimacy and his terms of rederence but it has also established the conditions for the development of disciplinary power which tends insidiously to render such function unnatural
Daoud, Ibrahim. "Le contrôle juridictionnel du licenciement individuel pour motif économique." Paris 1, 2004. http://www.theses.fr/2004PA010271.
Calculli, Francesco. "Le détournement de pouvoir en France et en Italie : analyse comparative." Montpellier 1, 1997. http://www.theses.fr/1997MON10042.
Tavares, Filho Newton. "Juger les lois : l'activisme juridictionnel du tribunal fédéral suprême du Brésil dans le cadre de la constitution de 1988." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D016.
This dissertation joins a vibrant conversation in legal sciences about judicial activism and the place of supreme courts and constutional tribunal in today's representative democracies. It explores the judicial activism of the Brazilian Supreme court under the Constitution of 1988. Following the tradition of French law schools, the dissertation is divided two parts. The first part examines the scope and context of the Supreme court's activism. It posits that an expansion of the Court's role in relation to the Legislative, Executive and Judicial Branches, starting ine the 1990's, originated in many historical, institutional, normative and doctrinal innovations that took place in Brazil after democratization in the 1980's. Notably, the promulgation of a democratic Constitution in 1988 and the adoption of new theoretical concepts regarding the role of the Judiciary in a democracy were key factors that allowed the court to rethink its place among Brazil'q supreme organs of State. The second part identifies ans examines the concrete manifestations of the Supreme Court's activism. Focusing on the qualitive analysis of the Court's decisions, the dissertation delineates the evolution of selected key themes in the Court's case law, considering it within the context of the competences conferred by the Constitution to other branches of government. Thus, the separation of powers as defined by the Constitution of 1988 is the heuristic device employed to organize the analysis and demonstrate the expansion of the Court into the domains of the Legislative, Executive and Judiciary powers
Guével, Didier. "Essai sur une tendance contemporaine : la dispersion de la fonction juridictionnelle." Paris 13, 1990. http://www.theses.fr/1990PA131005.
The "jurisdictional office" , meaning the manner in which litigation is settled, is, in france, normally entrusted to official judicial or administrative jurisdictions. Now, however it is tending to disperse. Firstly, other bodies or other persons ("other judges") are competing with the official judicature, wether by enjoining decisions (arbitration, disciplinary or "parapenal" agencies) or by obtaining negotiated solutions (mediation, conciliation). Secondly, the traditional way of dispensing justice is being challenged ("other justice"). Specialised agencies are obtaining by degrees the attributes of executive, lawgiving and jurisdictional powers. Individual members of society are, more and more, able, in a way, to dispense justice (private justice or justice done by contract). Finally, the official judge is often deprived of his authority (bypassed, influenced or non-implemented decisions). The french government is striving against these tendencies, which recall more primitive societies, by trying, unsuccessfully so fa r, to bring the various competitors of the law into line and to enlarge the traditional judges'powers
Collet, Martin. "Le contrôle juridictionnel des actes des autorités administratives." Paris 2, 2002. http://www.theses.fr/2002PA020080.
Montet, Laurent. "Le dualisme des ordres juridictionnels." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0088.
This is not to linger on the classic question about if a judicial order is better than two orders. There is a willingness to go beyond what there is to characterize as a quarrel. Indeed, the substantive matter referred by this subject is based on the concern for effectiveness of law and the structural character (see MOTULSKY in "principle of a methodological realization of private law") of the authority judicial. Therefore, it is to understand in depth the effects expected by the principle of seperation of authorities and then to a reflection on changes that they undergo
Blanco, Florent. "Pouvoirs du juge et contentieux administratif de la légalité : contribution à l'étude de l'évolution et du renouveau des techniques juridictionnelles dans le contentieux de l'excès de pouvoir." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32049.
Recourse against excess of power is classically oriented towards the penalty of any administrative act contrary to the rules of law. It so pursues a purely negative, repressive and censorial function, through the cancellation of the litigious act. Its original finality lies in the santion of illegality. A second approach to the decisional attributes of the judge in the dispute under study leads us to somewhat reconsider the first vision of things and to percieve its jurisdictional competency referencing to a function of restoring the legality. Although seemingly poor, the excess of power dispute has in fact for a long time known different jurisdictional techniques that place the judge as simple censor of administrative activity. The movement has moreover been clearly accelerated in the past few years under the combined impulse of the legislator and the jurisprudence. Thus, the classical dimension of recourse against excess of power is far from falling into disuse. We live with a form of coexistance of two different, and to a certain degree antagonisitic, approaches to the decisional attributes of the judge of legality. Added to the classical dimention of recourse regarding excess of power (judge is censor and controller of public persons' actions) is the partly new perspective marked with the seal of contemporary developments, but which also joins however in the continuation of past evolutions
Carpentier, Élise. "La résolution juridictionnelle des conflits entre organes constitutionnels." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32035.
Cissé, Balla. "Le juge, la doctrine et le contrôle juridictionnel des lois de révision de la Constitution." Thesis, Sorbonne Paris Cité, 2019. http://www.theses.fr/2019USPCD011.
This research establishes the controversial status of the derivative constituent power, examining its limits and its control by the constitutional judge. It is composed of two parts. The first one concerns itself with the justifications of the refusal of the control of the acts of the derivative constituent power by the doctrine and the judge. These justifications are based on the influence of the “Rousseauist” conception of sovereignty and legalism. It implies that the control of the derivative constituent power by the judge would then lead to a questioning of the democratic principle. This view point on the derivative power is a source of debate about the notion of the doctrine and its imperative nature of the rule of law and fundamental rights.As to the second part, it deals with the constitutional principles contributing to the limitation of the derivative constituent power, in the name of the rule of law. It consists in showing that constitutional identity could serve as a basis for the control by the judge of the acts of the derivative constituent power. If some foreign constitutional judges authorise the control of the derivative constituent power, the French Constitutional Council rejects it. Thus, this thesis contributes to establish a comparative and theoretical study of the control of the acts of the power of revision by the constitutional judge
ʿĪamprayūn, Phanom. "Le pouvoir réglementaire en Thai͏̈lande." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30006.
The statutory power of the administration in Thailand , the statutory power of the administration emanates from two principal sources : the constitution and the parliamentary legislations. The administrative power from the former source is quite limited while that from the latter can be exercised extensively. However, such administrative power is subject to the control of both judicial and non-judicial powers. Non-judicial control includes hierarchical control within the same administrative organ as well as supervision from other administrative organs. Moreover, such control is strict in the sense that it covers not only the legality of the administrative acts but also the rationality of the administrative "opportunity". With respect to judicial control, the court is the principal organ. However, this judicial control is not effective to protect the rights of the people. Its ineffectiveness is attributable to the fact that the interpretation and application of law by the court are based upon the common law tradition while in fact thailand; legal system is civil law. This incompatability is aggravated by the fact that the court fails to control the discretionary powers of the administration. Nor is the court willing to apply the general principles of law to the cases. The absence of an autonomous administrative tribunal also contributes to the problem. Moreover, the decision of such tribunal is limited only to the parties of a dispute and therefore does not affect the applicability of the alleged laws or regulations. All these problems render the modification of judicial procedures as well as judicial organizations indispensable
Ghezzou, Brahim. "Le renouvellement du contrôle juridictionnel de l’administration au moyen du recours pour excès de pouvoir." Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCH037.
The role of the administrative judge (the excess of power) has evolved due to the implementation of the various texts adopted recently as well as the developments in the case-law in recent years. In many areas, its role now goes beyond the mere confrontation of an administrative act with the rule of law. At the heart of the annulment decision is a statement and an assessment of the facts, apart from the interpretation of the law, which were usually separated by the principle of separation between the administration and its judge.Some jurisprudence which has become very classical, as well as others more recent, can be considered as characteristic manifestations of this new tendency of the judge to impose a pragmatic reading of the law, to conceive a certain coherence between the applicable law and the reality of the facts, thus rendering useful any annulment contentious pronounced in this sense
Mialot, Camille. "Les nouveaux pouvoirs du juge administratif en France et en Espagne." Paris 1, 2003. http://www.theses.fr/2003PA010323.
Chalas, Christelle. "L'exercice discrétionnaire de la compétence juridictionnelle en droit international privé." Paris 1, 2000. http://www.theses.fr/2000PA010301.
Claeys, Antoine. "L'évolution de la protection juridictionnelle de l'administré au moyen du recours pour excès de pouvoir." Poitiers, 2005. http://www.theses.fr/2005POIT3007.
Lardeux, Magali. "Le pluralisme juridictionnel en droit de la famille." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0096/document.
When, within a family recourse to justice becomes necessary, the specificity of family law, the various interests involved suggest a particularism, judicial pluralism. This judicial pluralism is valued as the coexistence of several courts in the same family justice system. So could be made, the family court judge, the juvenile court judge, the guardianship judge, the Court of First Instance. We wondered if this plurality was justified. Generally judicial pluralism in family law seems to be conditioned by the search for the best application of the rule of law to people. Judicial pluralism and reflects the adaptation of the law to the evolution of the family. It is the translation of the development of pluralism in lifestyles family. Therefore judicial pluralism allows different ways to apply the rule of law to all family members and provided more specific protection to the child
Gallardo, Jean-Michel. "Le pouvoir discrétionnaire de l'administration et le juge de l'excès de pouvoir." Pau, 2002. http://www.theses.fr/2002PAUU2012.
Visrutpich, Vorapot. "Le contrôle juridictionnel de l'exercice du pouvoir discrétionnaire par les autorités administratives en droit français et anglais." Toulouse 1, 1991. http://www.theses.fr/1991TOU10028.
In French and English administrative law, the "discretionary power" exercised by an administrative authority, does not mean absolute, unconditional power or arbitrary power, but rather the capacity that exists in many cases of selecting, within the applicable legal framework, the solution that appears preferable in the light of the public interests involved. Although a court may not substitute its own value judgment for that of the responsible administrative authority, the court does have the obligation to ensure that the administrative authority exercises such discretionary power with due force and effect, but reasonably
Boucobza, Isabelle. "La fonction juridictionnelle, contribution à une analyse des débats doctrinaux en France et en Italie." Paris 10, 2003. 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%3D5442%26nu%3D57.
The issue of the power of the constitutional, administrative, criminal, or civil judge is at the center of doctrinal controversies and judicial reform projects in France and Italy. By uncovering the assumptions of the arguments used in those debates, this study aims to clarify the doctrinal oppositions at work. The examination of these discourses can contribute to an understanding of the evolutions of the modern state, including those dogmatic conceptions of the judicial function that form an integral part of the state. Whether they bear on the characterization of the judicial function as an organ of government or on the determination of the legal system that flows from this characterization, the opposing theses each share the same two conflicting representations of the judicial function : that of applying law, and that of creating law. These two representations appear throughout the examination of the legal foundations of the doctrinal discourses
Crucis, Henri-Michel. "Les Combinaisons de normes dans le contentieux de l'excès de pouvoir contribution à l'étude du pouvoir normatif du juge administratif en droit français." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb375946627.
Mathieu, Bertrand. "Les "Validations" législatives : pratique législative et jurisprudence constitutionnelle /." Paris : Économica, 1987. http://catalogue.bnf.fr/ark:/12148/cb366282709.
Kwahou, Sylvestre. "La justice administrative au Gabon : essai sur l'exercice de la fonction juridictionnelle en matière administrative." Rouen, 2004. http://www.theses.fr/2004ROUED003.
Henninger, Julien. "Marbury v. Madison : un arrêt fondateur, mal fondé /." Strasbourg : Presses universitaires de Strasbourg, 2005. http://catalogue.bnf.fr/ark:/12148/cb400849326.
Mouton, Stéphane. "La constitutionalisation du droit en France : rationalisation du pouvoir et production normative." Toulouse 1, 1998. http://www.theses.fr/1998TOU10033.
Constitution progressively has an influence on legal order. Nevertheless, this new legal phenomenon brings up several analysis which don't come to an agreement about his nature and his real bearing. Constitution has an ambivalence which gives her a specific norm. This specificity has repercussions on constitutionnalization of law. The return on legal order to constitution necessarily involves an evolution of mode of formation of general will. Thereby, the law was the final origin of legality. The starting point of such a process can only be explained by an evolution of sovereign power. The constitutionnalization of law has a political foundation (first part), which brings out her juridical manifestations (second part). She is a new process of rationalization of power which tries to determine the legal production of the executive, the legislature and jurisdictional power on and after basic rights of people which are in constitution. The control of constitution makes respect of this firm. But, with regard to political specificity of the missions of this new control, the constitutional council can't become a supreme court. This role only consists in checking that different powers which can create rights are respectful of constitutional principles. Like that, constitution assures unity of legal order. She gives her a test of organization and coherence. All the rights of people find in constitution legal principles which determine them. This process permits to explain the influence of constitutionnalization of law in legal order without making of constitution a norm which determine all rules of law
Delanlssays, Thomas. "La motivation des décisions juridictionnelles du Conseil d’Etat." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20018.
The aim of this research is to tackle and understand the Conseil d’Etat’s court’s decisions motivation which are often criticised. Fundamental notion in procedural law, motivation is an argumentative discourse expressing a jurisdictional technique but moreover it is specifically a discourse trying trough a legal reasoning to justify a decision in order to convince the audience. Thus we shall have to analyse its architecture and its functions in a dynamic perspective. Either way we can note that since the beginning of the 21st century the court’s motivation has evolved.This phenomenon is the result of the Europeanization and the complexity of the normative production and is also due to enhanced protection of the fundamental rights, legal certainty and the Conseil d’Etat’s wish to promote a communicational policy in order to legitimise its action. This research entails to revisit certain traditional topics such as jurisdictional syllogism, argumentation, interpretation, the motivation’s style or the normative jurisprudential power to both note and measure this evolution
Trésor, Pascal. "Les conséquences juridiques de la crise de la représentation nationale : aspects constitutionnels et juridictionnels de la démocratie procédurale." Paris 8, 2005. http://www.theses.fr/2005PA082705.
In front of the impossible national representation by the political institutions, two levels of legal creation exist : a level above the law and a level under the law. The first level concerns the constitutional and european systems ; the second one is about the legal activities of the local communities. These two levels use the Constitution and the courts of law in order to be essential. Indeed, nowadays, the Constitution and the courts of law are more important than the law. This law lets the place to the Constitution and the courts. . . And we observe the creation of a local law and an european legal system which evoluate together. The national law doesn't express any more the will of ordinary people
Rueda, Frédérique Roussillon Henry. "Le contrôle de l'activité du pouvoir exécutif par le juge constitutionnel : les exemples français, allemand et espagnol /." Paris : LGDJ, 2000. http://catalogue.bnf.fr/ark:/12148/cb371052902.
Schlette, Volker. "Die verwaltungsgerichtliche Kontrolle von Ermessensakten in Frankreich : eine Analyse der Rechtsprechung des Conseil d'Etat zu Inhalt und Umfang des pouvoir discrétionnaire der französischen Verwaltungsbehörden, unter besonderer Berücksichtigung der neueren Entwicklungen /." Baden-Baden : Nomos, 1991. http://catalogue.bnf.fr/ark:/12148/cb39118347d.
Montaut, Isabelle. "La protection non juridictionnelle des personnes dans l'ordre juridique communautaire : un enjeu de pouvoir dans les relations interinstitutionnelles." Tours, 1999. http://www.theses.fr/1999TOUR1009.
Guiot, François-Vivien. "La distinction du fait et du droit par la Cour de justice de l'Union européenne : recherche sur le pouvoir juridictionnel." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0396.
The distinction between fact and law is central to the organization of remedies.It exerts, through its variety of forms and meanings, a decisive influence on the Court and onthe function of the authorities that the former reviews. In order to fully grasp its significance inthe balance of power that the European Court of Justice has established, one has to discardany preconception related to the distinction between fact and law (especially those present inmunicipal law). This in turn leads to the understanding of the manner in which the EuropeanCourt specifies the distinction, should it concern the review against legal acts or the ways ofchallenging case law. Whilst doing this, the European Court remains wary of the acceptabilityof its decisions, thus taking into account several legal constraints. As a normative authorityand as the authentic interpreter, the European Court of Justice uses the distinction betweenfact and law as a way to divide the competences of the actors concerned with theimplementation of EU law. By performing this specification, it defines the way the legalsystem entitles these actors. In this way, the European Court of Justice emerges as theSupreme Court of this normative space
Meunier, Jacques. "Le pouvoir du Conseil Constitutionnel : essai d'analyse stratégique." Rouen, 1991. http://www.theses.fr/1991ROUEL132.
Considering the inevitable exercise of discretion in the decision-making process, this essay explores the capability of the French Conseil Constitutionnel to induce public policy formulation. The analysis is concerned with how a person or a group of persons can act in order to achieve certain goals. First, the Conseil Constitutionnel is a collegial court and any decision must have the approval of several judges. So, a member of the Conseil has to develop internal strategies in order to make the other members support his particular aims. Secondly, the conseil, as a unique body, have to make use of external strategies in order to enforce its opinions, especially because of the limits of its competence : the judges cannot initiate action ; other authorities must bring cases to the Conseil and under conditions. Moreover, mumerous statutes are under the control of other courts whose decisions cannot be reversed by the Conseil. The thesis is that the judges either individually or collectivelly cannot extend their power unless they renouvce the use of discretionary decisions ; however such a discretion is required for their preferences to prevail
Bachert, Audrey. "L'équilibre des pouvoirs législatif et juridictionnel à l'épreuve des systèmes de protection des droits et libertés : étude comparée : États-Unis, Canada, Royaume-Uni." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0155.
Effective human rights protection is often perceived as being dependent upon their judicial enforcement. However, such a mechanism transforms the relationship between unelected judges and electorally accountable legislators. Through an empirical analysis of the effects of judicial review on legislation and legislative decision-making, in the United States, Canada and the United Kingdom, during the last fifteen years, the actual impact of the entrenchment of human rights in a written bill of rights will be assessed and evaluated. Even though these three countries have different processes to guarantee the respect of entrenched rights, and despite their long-settled and contrasting traditions, their systems are not as conflicting as it is often thought. This study finally leads to a better understanding of the relationship between judges and legislators in contemporary democracies and underlines the idea of a genuine collaboration of powers
Essono, Ovono Alexis. "Théorie de l'interprétation et pouvoir créateur du juge constitutionnel français." Toulouse 1, 2000. http://www.theses.fr/2000TOU10081.
Abu, Irmilah Bassam. "Le détournement de pouvoir en droit administratif jordanien : étude comparative avec le droit français." Caen, 2006. http://www.theses.fr/2006CAEN0081.
Saussereau, Mathilde. "Les classifications des cas d'ouverture du recours pour excès de pouvoir : essai d'analyse critique." Paris 1, 2002. http://www.theses.fr/2002PA010322.
Bouveresse, Aude. "Le pouvoir discrétionnaire dans l'ordre juridique communautaire." Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30015.
A lot of studies have been dedicated to discretionary power in national’s legal systems. Key point of the dialectic between power and law, it is not surprising that this topic has been impassioned the doctrine. Even so, no significant analysis dealt, in European law, with this concept yet. However identification of its foundations, its modes of enforcement and its limits can not he found by a simple commutation of national results. The specificity of the European institutional structure and processes distinguish the exercise of power in this particular context. Moreover, the aims of the treaty, still mainly economic, and the European rules of law occasionally fragmentary and often ambiguous promote the acknowledgement of a large power of discretion of European institutions. Theses circumstances explain that the European Court of Justice fulfils a task which can not be compared with the one assumed by national Court in the review of legality. But, the discretionary power, defined in the legality and by the jurisdictional review, can not he understood in its entirety through these scopes of definition. Indeed the definition of discretionary power should also be considered in a wider time-frame work and placed in the context of the transformations of the law. The development of new policy instruments in the European context as the soft law has subsequently modify the concept of legality which is not able anymore to guarantee the legitimacy of the power of discretion. Henceforth it seems that this power of choice should be legitimized by the concrete demonstration of its rightfulness, the concept of legitimacy “over-defining” its definition
Grange, Maryline. "Compétence du juge et recevabilité de la requête : leurs relations dans l'exercice du pouvoir juridictionnel . -L'exemple de la Cour internationale de justice-." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020084/document.
At the preliminary objections phase, a respondent may challenge jurisdiction and/or admissibility of the case. The use of these tools – ie the choice of one and not the other – depends on the stakeholders’ strategies. The State Parties, as well as the tribunal, play a game whose rules change depending on the intented effects on judicial power. The study of theses’ strategies - if not games - is useful to draw the line between jurisdiction and admissibility and to understand the interests at stake, from the parties’ and the tribunal’s viewpoint. Nevetheless, it occurs that the concepts of jurisdiction and admissibility are often insufficient to describe all the challenges the ICJ undergoes to settle a case. A third way to challenge the Court’s ability, based on examples of cases, could remedy the weaknesses of the “couple” , jurisdiction and admissibility. This third category, raised in this paper, shades a new light on usual concepts and is a tribute to the “ proceduralization” of international dispute settlement
Aguilon, Claire. "Justice constitutionnelle et subsidiarité : l'apport de l'expérience canadienne pour la construction européenne." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1092.
Laval, Nathalie. "La compétence du juge judiciaire en matière administrative par détermination de la loi." Toulouse 1, 1994. http://www.theses.fr/1994TOU10024.
For the past two centuries French legislators have transferred to the court judge a number of administrative disputes. The problem is to decide whether these transfers are simple exceptions to the traditional repartition of competence or if they herald an evolution tending to widen the competence of the court judge. This study's aim is to answer two questions : 1) in administrative matters what is the extent of the court judge's competence. 2) What are the repercussions of this evolution. In a juridical, ideological, political context which is evolving the acceleration of statutory changes raises the following questions : 1) will it not weaken the traditional french jurisdictional duality. 2) will it not endanger the legality of rulings in administrative matters and thus remove administrative cases from the administrative courts. This devolution of competence is nevertheless counterbalanced by the specific and irreducible competence of the administrative judge in French law when the prerogatives of public power are fully exercised
Bonnet, Julien. "Le juge ordinaire français et le contrôle de la constitutionnalité des lois : Analyse critique d'un refus." Montpellier 1, 2007. 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%3D5442%26nu%3D30.
Caselli, Elisa. "Antijudaïsme, pouvoir politique et administration de la justice : Juifs, chrétiens et convertis dans l'espace juridictionnel de la Chancilleria de Valladolid (XVe - XVIe siècles)." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0104.
Through the study of judicial records that involved Jews, among themselves or against Christians, we aim to analyze the nexus that all established with the available legal resources. Our fundamental concern is centered on the relations of power and thus when interpreting the data we shall place a very special emphasis on the political polycentrism and the consequent superposition of juridical regulations and agents with the capacity to administer justice. Based on these premises, we shall try to offer a different vision of the relations that Jews, Christians and Converts had in the jurisdiction of the Chancellery of Valladolid between approximately 1475 and 1525. Ln the first place, we shall consider the political and judicial framework in which the lawsuits under consideration took place; this environment is marked by the strong presence of Christian anti-Judaism, the result of the inherence between religion and nonnative production, an essential characteristic of the period under consideration. The analysis continues in focusing on the practice of the administration of justice, studying how, when, in what manner the norms were applied and what the margin of elasticity was, if it did indeed exist, and to the extent that it is possible, we shall offer an explanation of the reasons why this dynamic occurred. Likewise we shall examine the judicial Iawsuits that were underway when the expulsion of the Jewish community was announced and what happened to the litigants that converted, thus changing their judicial status in these new circumstances. The lawsuits that took place subsequently, that is, when many Jews that had been exiled, returned baptized, will also be analyzed
Blin, François. "Le "gouvernement des juges" en France sous la cinquième République : mythe ou réalité : étude de contrôle de constitutionnalité des lois." Toulouse 1, 1991. http://www.theses.fr/1991TOU10020.
One of duties of the Constitutional Council “Conseil Constitutionnel”, a new institution of the V French Republic, is to ensure that any law is in accordance with existing norms of legal reference, usually called “bloc de constitutionnalité”. Since 1789, the law has been the expression of the general wish of the people. Because of this, the control to the “bloc de constitutionnalité” has never been implemented. Traditional French legislative centralism has induced some people to discuss an eventual “government by judges” which would be able to censure the legislature, or have the power to modify legislative process. In practice, this French court, with its specific features, has very wide powers indeed to define the reference norms of the legislature. The court uses sophisticated methods of control, and has a very important influence on the whole judicial establishment. It represents the proof that the entire French legislature process is part of the concept of “État de droit” (rule of law). The law expresses the general wish only in respect to the Constitution
Henry-Menguy, Brigitte. "L'obligation de légiférer en France : la sanction de l'omission législative par le Conseil constitutionnel." Toulouse 1, 2008. http://www.theses.fr/2008TOU10033.
The parliamentary obligation of making laws is considered in France as a constitutional principle by a part of both authors and courts. Even if there is a general agreement on the fact that the law is no longer the supreme rule, the French constitutional Court ("Conseil Constitutionnel") follows a limited doctrine about that obligation by only controlling the Legislative Power for the partial use of its Legislative responsibility. The recognition of such a constitutional principle implies a proper study of its implementation. This study is then depending on identifying the programmatic aspect of some constitutional rules as well as the system and the organisation of the control of the lack of laws. Indeed, the efficiency of the constitutional obligation of making laws needs that the "Conseil Constitutionnel" considers the omission of law as a breach of the Constitution