Dissertations / Theses on the topic 'Juridictions constitutionnelles'
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Le, Quinio Alexis. "Juridictions constitutionnelles et droit comparé : recherche sur la circulation des solutions juridiques." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32054.
Full textGlobalization, and hence the intensification of interactions between legal system had for main result a multipolarization of law and normative production. This led to a change in behaviours, legal and judicial practices, intricating the main actor's task, the first of them being the judge. In aiming an emerging universal audience, using comparative law can be especially required by constitutional court judges. Thus, in collaboration with members of the doctrine, they benefit from a new tool to focus on the new requirements of their work, the best way possible
Silva-Arroyave, Sergio-Orlando. "La suprématie interprétative des juridictions constitutionnelles : étude comparée en droit français et colombien." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020026.
Full textConstitutional jurisdictions should have wide interpretative powers. However, the scope of these competences varies in different legal systems depending on the ability of other authorities to adopt such interpretations. A constitutional court has interpretative supremacy in a particular State, if its interpretations are binding for all other departments of the State. If its interpretations are just binding for some authorities, this constitutional court would simply have a superior interpretative competence toward those authorities. In order to determine the broader interpretative powers of the constitutional courts, the comparative approach is highly recommended because it makes easier to distinguish the limitations that these jurisdictions may encounter in their respective legal systems. In this way, the scope of the interpretative powers of the French and Colombian constitutional courts will be identified as well as their repercussions in each of its states
Gunputh, Rajendra Parsad. "L'interprétation du code Napoléon par les juridictions mauriciennes." La Réunion, 2005. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/05_24_Gunputh.pdf.
Full textThis thesis demonstrates how the Napoleon Code is interpreted in a Commonwealth country where there is also a great resistance from the common law. Thought there is the interpretation General Clauses Act 1974, which is English inspired, most interpretation is nevertheless borrowed from the french doctrine and jurisprudence. Judgments from the famous Cour de cassation are constantly referred to. In fact, there is no proper autonomy or originality from judgments given by the Mauritian tribunals especially the Supreme Court. In fact, the Supreme Court still relies on the decisions of the Privy Council based in London. Mauritian law, however, innovate in certain vvay because the legislator has passed a certain number of reforms related to the law of successions. The three pillars of french civil law Family, Property and Obligations, are fully discussed to demonstrate the great similarities and differences between french and mauritian law. This can be achieved by reference to local jurisprudence and how the Supreme Court normally sticks to local statutes, the Napoleon Code and stare decisis or precedent cases in order to sum up with his ratio decidendi
Vijéh, Mohammad Réza. "Le rôle des juridictions constitutionnelles dans la construction d'un état de droit : étude de droit constitutionnel franco-iranien." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40013.
Full textNowadays, the Rule of Law appears such a fundamental exigency to the Iranian society. Amongst the Iranian institutions, the Guardian Council plays an essential role for the accomplishment of the Rule of Law. The analysis reveals the representative signs, still rather rare in its jurisprudence, of a trend for this way. In this case, a comparative study with the Constitutional Coucil presents the convergences and divergences of the juriprudence. On one hand, for certain exigencies of the Rule of Law, such as separation of powers and legal security, although the major blanks may have been visible, the possibilities for broadening the guaranties in the jurisprudence exist. On the other hand, the effective protection of fundamental rights shows a depp divergence. Also this study tries to present the hypothesis wherein the Guardian Council or the Regime's Exigency Assembly would augment the level of guaranties of the Rule of law's exigencies. This study proposes a new version of the islamic and constitutional norms to reconcile the two orders and the French model explicity enrich this new version
Meyo, Me-Ndoutoume Arsène. "La fonction de régulation du fonctionnement des institutions et de l'activité des pouvoirs publics par les juridictions constitutionnelles africaines : les exemples béninois, gabonais et malgache." Electronic Thesis or Diss., Reims, 2024. http://www.theses.fr/2024REIMD003.
Full textEstablished by the French Constitutional Council in its decision no. 62-20 DC of 6 November 1962, then abandoned in its decision no. 92-313 DC of 23 September 1992, the function of regulating the functioning of institutions and the activity of public authorities made its appearance in Africa through the post-national conference constitutions of the early 1990s. Drawing on the examples of Benin, Gabon and Madagascar, this thesis aims to examine the contribution of this power conferred on constitutional courts to the consolidation of the rule of law.In other words, the regulatory function recognized to constitutional judges to ensure the functioning of institutions and the activity of public authorities contributes to the consolidation of the rule of law. This is the assertion made in our thesis. In fact, the can be seen when the constitutional court resolves conflicts between the executive and the legislature, on the one hand, and between the other institutions, on the other. In addition, by ensuring that political elections run smoothly, by intervening a priori to avoid institutional deadlock, and by intervening posteriori to resolve an institutional crisis, the constitutional court contributes its regulatory function to advancing the rule of law, in the sense of consolidating it. In all these cases, the institutions are pushed to the limit by the action taken by the constitutional court to ensure that law is respected and applied.In this way, the regulatory function performed by the constitutional courts represents a step forward for the rule of law. It is one of the new trends in neo-constitutionalism in Africa, particularly in Benin, Gabon and Madagascar
Nicot, Séverine. "La sélection des recours par la juridiction constitutionnelle : Allemagne, Espagne, États-Unis /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2006. http://catalogue.bnf.fr/ark:/12148/cb40956623t.
Full textNicot, Séverine. "Contribution à l'étude de la sélection des recours par la juridiction constitutionnelle : (Allemagne, Espagne et États-Unis)." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32028.
Full textIf the possibility, for the citizens, of directly complaining to the constitutional judge met a deep success, it has very fast demonstrated its limits. Victims of their prestige, the Supreme Court of the United States, the German federal constitutional Court and the Spanish constitutional Court collapse under the weight of the appeals and are on the verge of the structural asphyxiation. Anticipating the stream of appeals which risked to submerge the constitutional jurisdiction, the legislator has established measures of selection intended to correct the serious dysfunctions due to this increasing flow of appeals. Beyond these practical considerations, the functional crisis passed through by the constitutional jurisdictions appears as the detonator of a discussion which transcends the simple problem of the selection to affect the meaning and the usefulness of the direct appeal and its place within the constitutional justice system
Hamiani, Khatat Bachir El. "La justice constitutionnelle au Maroc : contribution à la théorie générale de la juridiction constitutionnelle." Paris 2, 1986. http://www.theses.fr/1986PA020094.
Full textThis study, which extends beyond the special case of morocco, attempts to provide an answer to the following two questions concerning constitutional law's science: 1)is a constitutional court indispensable? 2) how necessary is constitutional judge made law, how far is it legitimate and possible and what is its value? the answer to the first question is yes, since a constitutional court is the best means of introducing law into politica into the political machinery. This view-point is confirmed by the historical, scientific and technical evolution of this nevertheless, in morocco, the existence of a constitutional court does not have this result, due to the particular signi of constitutional law, which is the law of the political authority, and to the role played by the judge in the constitutional order, which is the instrument of this political authority. The aim of this study is therefore to put right constitutional law, seen as a factor and condition of individual and collective progress, by means of a constitutional court which would first have to be adapted to its function. Even under these conditions, the competent court leads to constitutional judge made law, the necessity, legitimacy and value of which are far from being a priori sure. This is even more so in the case of a deficient public and constitutional law, as confirmed through the critical analysis of the answers provided by constitutional judge made law in morocco. The cases that may lead to the formation of law by means of judge made law should be dealt with by the constitution maker and by the legislator and not by the judge, since this is not logically or legally of his competence. The general conclusion offers a definition of constitutional justice which provides both a synthesis of this study and a contribution to the general theory of the constitutional court
Hamiani, Khatat Bachir El. "La Justice constitutionnelle au Maroc contribution à la théorie générale de la juridiction constitutionnelle." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37598216x.
Full textPignarre, Pierre-Emmanuel. "La Cour de justice de l'Union européenne, juridiction constitutionnelle." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020018.
Full textThe Court of Justice of the European Union (CJEU) is the judicial institution that nowadays garners the most attention from scholars. One could even claim that, after the Supreme Court of the United States, it is the most studied judicial organ in the world. This research aims to demonstrate that the CJEU is a constitutional court. First of all, the CJEU enjoys constitutional legitimacy that extends to its Members as well as its procedure. The appointment procedure and the function of the Members of the CJEU shape its subjective constitutional legitimacy. A thorough exploration of the rules of procedure leads to the finding that the process before the Court of Justice of the European Union has the trappings of a constitutional process. The latter give form to the objective constitutional legitimacy of the CJEU.The jurisdiction of the Court of Justice can be qualified as constitutional because it has powers which are traditionally vested in the constitutional judge. The CJEU reviews the conformity of both national and European acts with European Union law lato sensu, which is analogous to the constitutional review exercised by national constitutional courts. Secondly, it scrutinizes the horizontal and vertical distribution of powers, which is a typical attribute of constitutional judges in federal states. Finally, the constitutional similarities can be found in the realm of fundamental rights protection: the judge of the European Union ensures that these rights, of which he/she is the authentic interpreter, are upheld within the legal order
Pantou, Eric. "La notion de juridiction constitutionnelle dans la doctrine française : essai d'analyse critique." Paris 10, 1988. http://www.theses.fr/1988PA100112.
Full textFor the French doctrine, the study of the constitutional jurisdiction is worth only if it let us have a fixed idea. Such an approach gets along with contemporary juridical practice. However there still are some difficulties. Instead of raising issues, this thesis proposes to study the notion of the constitutional jurisdiction as an element of the juridical speech. On one hand it researches the reasons of appearance of the notion, and on the other hand its functions. Whence, this notion is consequence of the "rule of law" theory, according to which the state power is not exercised according to the publics' authorities own will, but in accordance with a higher rule. In so far as this notion is associated to this conception of power, it exercises an ideological function
Pantou, Eric. "La Notion de juridiction constitutionnelle dans la doctrine française essai d'analyse critique /." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37617251q.
Full textEl, Daghili Salwa. "L' originalité du modèle libyen de la juridiction constitutionnelle par rapport au modèle français." Paris 1, 2009. http://www.theses.fr/2009PA010252.
Full textTeixeira, de Oliveira Denise. "Juridiction constitutionnelle et droit au Délai Raisonnable : Étude comparée des expériences française, brésilienne et espagnole." Thesis, Toulon, 2017. http://www.theses.fr/2017TOUL0113.
Full textThe existence of a general duty to respect the duration of proceedings is recognized by the legal systems of many countries. The reasonable length of proceedings demanded from constitutional Jurisdiction has none the less to face conceptual and material obstacles. The want of a precise definition of de reasonable length of proceedings and the indetermination of his legal nature are really difficulties, heightened by the identity factors of the judicial review wielded by the constitutional jurisdictions, the restraining nature of hers decisions and his hierarchical position held in the legal-political order of the State. These restraints often create divergent exegeses of the reasonable length of proceedings and, subsequently, involve various demands. The object of this doctoral thesis is to analyse the jurisprudence of the constitutional French, Brazilian and Spanish Jurisdiction and the legal effects produced by the multiple approaches and signifiers of the reasonable length of proceedings. This research fits into the field of modern and comparative constitutional law and is founded on the theory of continuous democracy and neoconstitutionalism bearing the marks of the new workings and actors of the democratic participation in the effectiveness of the fundamental Rights. In order to understand the implications of the demands or violation of the reasonable length of proceedings in relation to constitutional Jurisdiction, this right will be confronted with two epistemological parameters which claim to give it a legitimate support: the theory of fundamental rights and the theory of the democratic constitutional State. In a first part, the reasonable length of proceedings is confronted to identity factors of the jurisdiction wielded by the constitutional Court so as to ascertain if it is apt to serve as a foundation to the decisions pronounced by this special jurisdiction. In the second part, its semantic content a priori undetermined with its multiple recipients will be analysed through the conceptual evolution of the reasonable length of proceedings embodied by the decisions of the constitutional Courts
Teixeira, de Oliveira Denise. "Juridiction constitutionnelle et droit au Délai Raisonnable : Étude comparée des expériences française, brésilienne et espagnole." Electronic Thesis or Diss., Toulon, 2017. http://www.theses.fr/2017TOUL0113.
Full textThe existence of a general duty to respect the duration of proceedings is recognized by the legal systems of many countries. The reasonable length of proceedings demanded from constitutional Jurisdiction has none the less to face conceptual and material obstacles. The want of a precise definition of de reasonable length of proceedings and the indetermination of his legal nature are really difficulties, heightened by the identity factors of the judicial review wielded by the constitutional jurisdictions, the restraining nature of hers decisions and his hierarchical position held in the legal-political order of the State. These restraints often create divergent exegeses of the reasonable length of proceedings and, subsequently, involve various demands. The object of this doctoral thesis is to analyse the jurisprudence of the constitutional French, Brazilian and Spanish Jurisdiction and the legal effects produced by the multiple approaches and signifiers of the reasonable length of proceedings. This research fits into the field of modern and comparative constitutional law and is founded on the theory of continuous democracy and neoconstitutionalism bearing the marks of the new workings and actors of the democratic participation in the effectiveness of the fundamental Rights. In order to understand the implications of the demands or violation of the reasonable length of proceedings in relation to constitutional Jurisdiction, this right will be confronted with two epistemological parameters which claim to give it a legitimate support: the theory of fundamental rights and the theory of the democratic constitutional State. In a first part, the reasonable length of proceedings is confronted to identity factors of the jurisdiction wielded by the constitutional Court so as to ascertain if it is apt to serve as a foundation to the decisions pronounced by this special jurisdiction. In the second part, its semantic content a priori undetermined with its multiple recipients will be analysed through the conceptual evolution of the reasonable length of proceedings embodied by the decisions of the constitutional Courts
Munungu, Lungungu Kevin. "L'introduction de la logique managériale au sein des juridictions de l'Ordre judiciaire et la mission constitutionnelle des juges." Doctoral thesis, Universite Libre de Bruxelles, 2018. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/267905.
Full textDoctorat en Sciences juridiques
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Ahmed, Shaho Ghafur. "Le rôle de la juridiction constitutionnelle fédérale dans la protection de la justice constitutionnelle : le cas de l'Irak, de la Belgique et de la Suisse." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3005.
Full textThe mission of a constitutional court is to ensure compliance with the federal Constitution, which is the supreme norm in a state’s legal order. Because it regulates the vertical and horizontal distribution of powers within the federation, and guarantees the exercise of fundamental rights, the Constitution is the source of legitimacy of inferior norms and federal and federated powers. The guarantee of the respect for its supremacy is thus traditionally entrusted to a federal constitutional Court, which the latter ensures through assessing the constitutionality of laws, as well as by settling the conflicts that may arise between the different levels of powers. In this context, it is asked to achieve a kind of justice which is purely "constitutional" and "federal," with the aim of guaranteeing the stability and sustainability of the federal system. This is particularly true for the so-called "Fragmented" Federal States, which are characterised by a particularly ethnic, linguistic or religious plurality which can go so far as to call into question the very identity and unity of the State. In this context, the comparative analysis of the role of the constitutional Court in the Iraqi, Belgian and Swiss federal States is highly instructive on the implementation of constitutional justice. It has in fact appeared that the federal constitutional Court often exercises limited competences, either by the constituent or by the will of the parties to a constitutional dispute. Certain functions, such as, for example, judging the conformity of the Federated Constitutions and local agreements with the Federal Constitution, will thus be excluded from its field of authority. Therefore extra-jurisdictional mechanisms of constitutional justice, such as a Federal Parliament or in the amicable settlement of disputes, will gradually develop outside the traditional jurisdictional mode
Platon, Sébastien. "La coexistence des droits fondamentaux constitutionnels et européens dans l'odre juridique français /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2008. http://catalogue.bnf.fr/ark:/12148/cb41406612d.
Full textAssi, Brou Rose Delima. "Les traités internationaux devant la juridiction constitutionnelle ivoirienne : contribution à l'étude du contrôle des traités en Côte d'Ivoire." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020093.
Full textThe issue of international treaties before the Ivorian constitutional court is an illustration of the internal dispute relating to international treaty law. In the framework of this dispute concerning the relationship between international law and national law, the constitutional court is asked to decide on the conformity of international treaties before their integration in the Ivorian legal order. The conditions of integration of international treaties in the Ivorian domestic law reflect the country’s option in favor of the monist doctrine with primacy of international law. Treaties duly ratified are automatically incorporated into the national law and shall, upon publication, prevail over Acts of Parliament. However, before their ratification, the Constitution provides a procedure for the review of their constitutionality. The effect of this preventive review is to avoid the entry of unconstitutional international treaties into the Ivorian legal order without the decision and intervention of the constituent power. If the treaty is held not to be in conformity with the Constitution, authorization to ratify it may be given only after amending the Constitution. The mechanism of constitutional review established by the Constitution of 1960 and extended by the Constitution of 2000 (currently in force) undergone significant evolution regarding its conditions of implementation. These conditions were considerably widened in order to facilitate the release of control… In total, the constitutional court was able to look into only twenty or so treaties for which, somehow, the judge reviewed compliance with the Constitution. In the confrontation of treaties with Constitution, the attitude of the constitutional court is sometimes hesitant. Its interpretation of the requirement of non-contradiction between the treaty and the Constitution generally leads to facilitate the participation of the State to International law in general and African community law in particular. Indeed, so far, the practice of the constitutional review by the judge revealed that, the review, far from being an "obstacle to the development of international law", as could foreshadow its mechanism, is rather favorable to its development. Only the Treaty laying down the Statute of the International Criminal Court was declared not to be in conformity with the Constitution by the constitutional court in its decision of 17 December 2003. The amendment of the Constitution that is expected for the ratification of this treaty will be an opportunity to appreciate the enforcement of non-conformity decisions
Arreto, Marie-Caroline. "Les recours individuels directs devant la juridiction constitutionnelle : (Allemagne, Autriche, Belgique, Espagne) : contribution à une approche processuelle de contentieux constitutionnel." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D063.
Full textDirect constitutional complaints before the Constitutional Court appear as a strongly original procedure. It is caracterized both by the possibility for an individual to have direct access to the Court and by the wide variety of the legal acts that can be challenged there. The analysis of the diverse forms of direct constitutional complaints in Austria, Belgium, Germany and Spain requires a conceptual framework that allows those two characteristics to stand out: processual law. Processual law can be defined by its ambition to consider various kinds of litigation in a comparative way beyond their specific nature. This comparative approach especially allows for a relativisation of the public law/private law distinction. In France, processual law is generally used in private litigation context, whereas public litigation is more focused on the “procès fait à un acte” dimension. By contrast, the analysis of direct constitutional complaints through processual law sheds a specific light on it as a procedural structure directed towards the protection of rights. In other words, direct constitutional complaints appear in this light as a fully developed form of procedure for the protection of rights, a form that does not exist in France. Our legal culture which is focused on the question of the objective legal conformity of acts is thus put into a new perspective
Ndiaye, Ameth. "La nouvelle juridiction constitutionnelle en Afrique noire francophone et la contruction de l'état de droit : exemples du Gabon et du Sénégal." Montpellier 1, 2003. http://www.theses.fr/2003MON10068.
Full textSilva, Gustavo Just da Costa e. "Interpréter les théories de l'interprétation : pour une interrogation des horizons contemporains (par référence notamment au tournant interprétatif et à la légitimité de la juridiction constitutionnelle)." Paris 10, 2003. http://www.theses.fr/2003PA100096.
Full textThe thesis proposes a contextual understanding of the theories of interpretation, aware of their belonging to a cultural and historical context. It exercises this questioning on the contemporary theoretical horizons by reference chiefly to their interaction with the problem of the legitimacy of the judicial review and to their relationship with the interpretive turn in legal theory. This exercise seeks some elements of reflection for such a questioning on some theoretical trends which might be specially useful to grasp the diversity of the contemporary theoretical landscape under the perspective here advanced. Three trends are then taken into consideration: the hermeneutical jurisprudence, that is the theoretical stream developed in Germany in the context of the new “methodological quarrel”, the realistic theory of interpretation, specially according to Michel Troper’s version, and Michael Moore’s natural law theory of interpretation
Vaezi, Seyed-Mojtaba. "Les normes constitutionnelles et la compétence du juge administratif : étude comparée sur le Conseil d'état en France et la Cour de justice administrative en Iran." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32017.
Full textTavares, 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.
Full textThis 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
Abdulkareem, Ahmad. "L'influence de la religion sur les systèmes constitutionnels des pays arabes à travers les exemples de l'Egypte et du Koweït." Thesis, La Rochelle, 2016. http://www.theses.fr/2016LAROD004/document.
Full textThe place of religion in the Egyptian and Kuwaiti constitutional order has been changing a lot within times. It had little presence in the Egyptian constitution at the beginning but soon, it earned its place, especially with the appearance of extremisms in power, before loosing power. In Kuwait, the religion always has had a major place in the constitutional system and in the political life. This predominant place has left few space for a modern view of legislation. Both Egyptian and Kuwaiti jurisdictions have an important role in the interpretation of laws giving reference to religion. In Egypt, grassroots movements rised against the leadership of religious extremisms in the constitutional order and against their influence on the regulation system. In Kuwait, these grassroots rised against the dictatorship and for democracy. In both states, Islam appears like a standard face to the rights and freedoms included in the constitutions. Islam is a source of law that has been interpreted by the state jurisdictions. The purpose of this thesis is to show that the place of religion takes from the constitutional and legal order of these two states a number of freedoms and establishes a religious vision
Fall, Ndeye Dior. "Les transitions démocratiques en Afrique subsaharienne francophone : les exemples du Sénégal et du Gabon." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0033.
Full textConceived as the progressive evolution of an often authoritarian political regime towards the democracy, the democratic transition is a generic expression which designates very diverse situations. Supposed to be initiated in the French-speaking sub-Saharan African states at the same time as the independence of 1960, this phenomenon would result from the transposition by the former colonies of the French constitution of the Fifth Republic. But simply importing this standard, followed by its application for a period of a quarter of a century, is enough to qualify the countries concerned as democratic? Halfway between constitutional law, history and political science, this comparative study focuses on Senegalese and Gabonese examples. First, aiming to demonstrate the plurality of the process of democratization in French-speaking sub-Saharan Africa, this work then highlights the efforts made since independence to this end. Analyzing the constitutional texts and the institutional practice, they draw up a critical inventory of the situation in these two countries
Sompougdou, Ouéoguin Jean-Marie. "L'alternance démocratique dans les constitutions des Etats de l'Afrique noire francophone : cas du Bénin, du Burkina Faso et du Sénégal." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0350.
Full textAt present cases Burkinabè, Beninese and Senegalese, we propose to analyze the constitutional and electoral rules that determine the mode of accession and the exercise of state power. It raises the question of the role of these rules and these institutions in the avenue of the democratic alternation and that of the social environment and the policy of the audit and the authority of the constitutional judges in its advent or his questioning on the other hand. The United States has, in fact, opposed standards and institutions. They have been authenticated by democratic electoral institutions. This is a new time of a new constitution, is this is a self-review, as to it, as work of the building of the edition of 1990, as-it-it-it be carriers of institutions able to promote the occurrence of democratic alternation. As we can see, the constitutional order is today constantly paraded. The constitutional impulse that has propelled states towards the path of constitutional democracy has halted or slowed down in many states in favor of a pregnant presidentialism, but it is also observed that 'democratic alternation has been experienced, democratic conquests have not have not been followed by the satisfaction of the social demands that have yet been inspired. The Thesis, while finger-pointing on the flaws of normal and institutional, so that the manipulations are directed towards norms, also insists on the figure of the constitutional judge
Manouguian, Aïda. "La juridictionnalisation du droit constitutionnel français : etude d'un phénomène doctrinal." Electronic Thesis or Diss., Lyon, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218790.
Full textIn contemporary times, French constitutional law bears witness to a major development due to the influence of the constitutional judge and of his case law, over the discipline. Since the advent of constitutional justice under the Fifth Republic, the question of judicial review has spread to such an extent in scientific debates that it no longer seems possible to consider constitutional law without its judge. Whether praised or criticized, no one denies the importance of this scientific phenomenon. After more than half a century of juridictionalization of constitutional law, this research aims to measure the consequences of this change in constitutional thought.The scientific phenomenon of juridictionalization, which has roots in the anti-modern thinking of the Old Regime parliamentarians – much more than in modern constitutionalism – manifests itself in contemporary times as a questioning of the classic presentation of institutions as much as of sources of constitutional law. Its identification, which goes through the deconstruction of a certain number of assumptions detrimental to its understanding, makes it possible to analyze their effects on the discipline. From this point of view, the upheavals are proving to be considerable and disturb both the epistemological status of the discipline and the foundations of the exercise of power. Crystallizing, even aggravating all the scientific controversies, the constitutional judge thus appears as the privileged object of a general research on the representations of constitutional law
Kordeva, Maria. "Le principe de la séparation des pouvoirs en droit allemand : étude doctrinale et jurisprudentielle." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA033.
Full textThe 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
Djaé, Oulovavo Mohamed. "Le pluralisme juridique de la justice et ses limites dans l'Union des Comores." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2037/document.
Full textPart 1: The plurality of courts: an assumed and organized pluralityTitle I: The composition of the judicial systemTitle II: The organisation of the courts from the perspective of a jurisdictional systemPart 2: The Comorian judge facing justice dutiesTitle I: The observations of the foundation of justiceTitle II: The Comorian judge in junction of a disordered pluralism
Benigni, Marina. "L'application dans le temps des décisions QPC." Thesis, Lille, 2018. http://www.theses.fr/2018LIL2D018.
Full textThe priority question of constitutionality (QPC), created in 2008, allows the french Constitutional Council to operate a judicial review of an adopted law. The substantial effects of a QPC decision, ie the abolition or the modification of a legislation by pronouncing its unconstitutionality or by interpreting it in accordance with the Constitution, can be considerable given the erga omnes impact of these decisions. These substantial effects can however be controlled or moderated by the temporal effects. Some temporal effects are inevitable: the QPCdecision since it concerns a norm (the law), integrates with the legal order and generates norms’ conflicts. Otherwise the temporal effects can be chosen by the Constitutional Council thanks to the ability of modulating the temporal effects of its decisions. This jurisdictional technical lets total liberty to the Constitutional Council. The court, in an efficacy perspective, sets the objectiveof giving a « useful effect » to the litigant and thus accords value to retroactivity. Yet this liberty alone isn’t enough to provide a complete control of this modulating ability and this ability can’t regulate all the substantial effects. This thesis, based on an exhaustive jurisprudential analysis ofthe QPC decisions, aims to study these difficulties and especially the lack of reflection about the compatibility of the technical into the judicial office of the court and about the essential collaboration with the ordinary jurisdictions