Tesis sobre el tema "Droit constitutionnel local"
Crea una cita precisa en los estilos APA, MLA, Chicago, Harvard y otros
Consulte los 20 mejores tesis para su investigación sobre el tema "Droit constitutionnel local".
Junto a cada fuente en la lista de referencias hay un botón "Agregar a la bibliografía". Pulsa este botón, y generaremos automáticamente la referencia bibliográfica para la obra elegida en el estilo de cita que necesites: APA, MLA, Harvard, Vancouver, Chicago, etc.
También puede descargar el texto completo de la publicación académica en formato pdf y leer en línea su resumen siempre que esté disponible en los metadatos.
Explore tesis sobre una amplia variedad de disciplinas y organice su bibliografía correctamente.
Protière, Guillaume. "La puissance territoriale : contribution à l'étude du droit constitutionnel local". Lyon 2, 2006. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2006/protiere_g.
Texto completoThis study deals with the place, nature and forms of local power in French constitutional law. The first part of the study is about the legal and constitutional foundations of local power. By law, local authorities are presumed to be natural but this doesn’t mean that their power is original. Indeed, it is derivative and secondary. Since 1946, the foundations of the powers and functions of local authorities have been set out in the Constitution. This has given their powers a firm legal base and explains their political dimension. Thus, the territorial power of local authorities is asserted as a second way to express State power. The second part of the study analyses the positive materialisation of local power through both legal and constitutional rules. The legal materialisation of local power is based on the general clause of competence, allowing local authorities to freely determine their own range of activities. However, this general clause is framed by the legislator to include many legally defined attributions; this indicates that it is merely a tolerance and not a solid legal base of autonomy. Constitutional materialisation reinforces the power of local authorities against the central power of the State. If the institutional liberty of local authorities is preserved, the capacity of doing is strictly framed and limited. This imbalance is reinforced by the inability of local authorities either to intervene in the determination of their own rules or to defend and protect their position. So, if the French Constitution were to protect local authorities against central State power, it also needs to go further in order to realise their wider political functions
Protière, Guillaume Journès Claude. "La puissance territoriale contribution à l'étude du droit constitutionnel local /". Lyon : Université Lyon 2, 2006. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2006/protiere_g.
Texto completoVilain, Yoan. "L'État et les collectivités locales en France et en Allemagne : étude comparée des limites constitutionnelles à la décentralisation". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D078.
Texto completoThe legal doctrines distinguish traditionally two different models of vertical separation of powers: the unitary state and the federal state, France being supposed to represent the first, Germany the second. Moreover, it is generally acknowledged that federal states are more respectful of local freedoms. However, the decentralization reforms carried out in France and in Germany oblige to question the relevance of this doctrinal assumption and to review the current state of knowledge on the legal systems of both countries. This research is based on an original approach seizing the federalism by the prism of local autonomy and comparing the legal situation of the "local government authorities", respectively in a unitary state and a federal state. ln addition, this comparative research is based on the decentralization theory of Hans Kelsen. This allows avoiding the use of the traditional doctrinal classifications that remain largely determined by the national reference frame. This examination of the legal relationship between central and local authorities allows to note a significant convergence between France and Germany regarding the formal and material protection of the right to local autonomy, in particular due to the constitutionalization of local government law in France. This first research result is confirmed by taking into consideration the "power of surveillance" of the central state on the local authorities, the legal opportunities to interfere in the self-government being even more restricted in France than in Germany. This reveals that federal states are not necessarily providing a greater legal protection of local autonomy than unitary states
Beckerich-Davilma, Stéphanie. "Constitution et assemblée régionales : Étude comparée des expériences française, italienne et espagnole". Electronic Thesis or Diss., Toulon, 2014. http://www.theses.fr/2014TOUL0098.
Texto completoWithin the French, Italian and Spanish Constitutions, the direct references to laws regulating regional assemblies are rare, yet determining. Regional autonomy in any of the three countries entails the existence of an assembly, having a representative nature and a deliberative character, regardless of whether the national state of the given country exists in a decentralized or regional form. The nature and internal rules of the regional assemblies are conditioned by the extent to which they are recognized in the constitutions of their respective countries. This comparative study examines the laws governing the regional assemblies, through the prism of constitutional law, and shows that their normative sources are structured by the Constitutions. Different principles of parliamentary law protect the assemblies' structural and functional autonomy, and serve as guarantees for the constitutional exigencies they are submitted to, no matter the value of the normative sources. The constitutions prescribe the minimum threshold for the level of harmonization between parliamentary and regional assembly laws. Yet, a regional assembly cannot be equated with the parliament of a unitary state, and as a consequence, the transposition of laws does not target the inherent principles of each assembly’s particular nature. Hence, there is also a maximum threshold of harmonization that cannot be exceeded. Further, regional assembly law may deviate from parliamentary law and take an innovative form in order to secure the assemblies' functions through the accommodation of their specificities.To give regional assemblies the means to exercise their functions, either through the application of rules governed by parliamentary law or by the creation of particular rules at the regional level, is to guarantee the regions' autonomy as defined by the Constitutions
Beckerich-Davilma, Stéphanie. "Constitution et assemblée régionales : Étude comparée des expériences française, italienne et espagnole". Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0098.
Texto completoWithin the French, Italian and Spanish Constitutions, the direct references to laws regulating regional assemblies are rare, yet determining. Regional autonomy in any of the three countries entails the existence of an assembly, having a representative nature and a deliberative character, regardless of whether the national state of the given country exists in a decentralized or regional form. The nature and internal rules of the regional assemblies are conditioned by the extent to which they are recognized in the constitutions of their respective countries. This comparative study examines the laws governing the regional assemblies, through the prism of constitutional law, and shows that their normative sources are structured by the Constitutions. Different principles of parliamentary law protect the assemblies' structural and functional autonomy, and serve as guarantees for the constitutional exigencies they are submitted to, no matter the value of the normative sources. The constitutions prescribe the minimum threshold for the level of harmonization between parliamentary and regional assembly laws. Yet, a regional assembly cannot be equated with the parliament of a unitary state, and as a consequence, the transposition of laws does not target the inherent principles of each assembly’s particular nature. Hence, there is also a maximum threshold of harmonization that cannot be exceeded. Further, regional assembly law may deviate from parliamentary law and take an innovative form in order to secure the assemblies' functions through the accommodation of their specificities.To give regional assemblies the means to exercise their functions, either through the application of rules governed by parliamentary law or by the creation of particular rules at the regional level, is to guarantee the regions' autonomy as defined by the Constitutions
Laforge, Clément. "Les rappοrts de dοminatiοn entre cοllectivités territοriales". Electronic Thesis or Diss., Normandie, 2024. http://www.theses.fr/2024NORMR116.
Texto completoA reading of Article 72 of the French Constitution reveals a decentralized territorial organization based on the absence of a formal hierarchy of local authorities. French decentralization is based, on the one hand, on the recognition of a guaranteed autonomy for local authorities, with the principle of free administration of local authorities, and, on the other hand, on the rejection on the refusal to establish a hierarchy among local authorities, which is reflected, in particular, by the principe of the prohibition of supervision between local authorities. However, some local authorities appear likely to determine the content of the decisions of other local authorities. To overcome this paradox, our thesis aimes to examine relations between local authorities through the concept of domination. Such an approach reveals that relations of domination between local authorities are consubstantial with decentralization. The first part of the study demonstrates that domination between local authorities is induces by legislation. Indeed, throught various mechnisms, the legislator organizes the functional domination of local authorities. Domination between local authorities also takes a spontaneous form that is allowed by law. However, this is only possible because of the free administration of local authorities. The second part of the study reveals that domination between local authorities is induced by the free administration of local authorities. An examination of the principle of free administration demonstrates that its content latently influences what domination between local authorities can be. Thus, relations of domination between local authorities appear as an original manifestation of the free administration of local authorities
Aubertin, Julie. "La délimitation des frontières entre les domaines administratif et politique en droit public français". Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20013.
Texto completoThe distinction between administrative and political domains was always a paradigm of French legal thought, yet it became complicated by the strengthening of both the Rule of Law and local autonomy. While the State appears as a political entity with an administrative dimension, local authorities are administrative entities whose political dimension is not recognized by the traditional conception of local autonomy. Nevertheless, by trying to separate administrative bodies from political bodies, local authorities entail political characteristics without being equated with state political authorities (which are the only authorities that can exercise sovereignty). Subsequent to this organic demarcation, the material delimitation of both domains, which focuses on the legal functions of these bodies, their actions and responsibilities, confirms that the State and local authorities are at the boundary between these two domains. Increasingly, the administrative dimension of the State can be contrasted directly with the irreducibility of policy. The political dimension of local entities, which is expressed through decision-making power, cannot question the unitary State. Based on an analysis of the doctrine and jurisprudence, the delimitation of boundaries between the two domains allows us to define ultimately the concepts of administration and policy
Ahmed, Laoura. "La construction d'un système juridique : la confrontation de la coutume et de la loi à Mayotte". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA022/document.
Texto completoIn Mayotte, the private law governs the civil legal situation of Mahorais basing their marital life on the customs of the mahr, the repudiation, the polygamy and the family housing at the married woman. Its reform emphasizes on the realism in the modernization of the law governing the legal reports of the latter. It tends to focus its sources on a written legislation which respects the letter of the clauses of the civil code. It directs the report of the custom and the law on their competition and not their complementarity. It involves the superiority and the establishment of the exclusivity of the legislated written sources. It promotes an application without distinguishing the civil statutes of membership of Mahorais. It aligns the civil statute established by the customs on the civil statute defined by articles 75 and 34 of the current Constitution. It returns on the preservation of the common laws, making difficult, even impossible their exercise. It entails situations of lawlessness and unapprised by the law. The marriage of common law is moved closer to the cohabitation and not to the civil wedding. The matrimonial intention of Mahorais is not recognized by the law
Sferlea, Elena. "L'évolution de l'administration locale : les cas de la Roumanie et de la France depuis le début des années 1990". Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2007.
Texto completoThis research focuses on the evolution of the local government in Romania and France since thebeginning of the 1990s. The study of different initial conditions in both countries has been followedby the analysis of the major developmental stages of the legal framework concerning localauthorities : the relatively recent accession to (for Romania) or reinforcement of (in France) theconstitutional status of the communities and the evolution of the law corpus operating the transferof competencies and resources for local communities. This analysis revealed a conception ofreforms that has many similarities, but also some different implementation. An evaluation of thelevel of decentralization achieved in the two countries has been undertaken in the light of thecriteria of the European Charter of Local Self-Government. It identified the progress made by eachcountry, but also the opportunities for improvement. In the end, it was found that beyond an initialcontext and particularities of the administrative map, beyond the different application of reforms,Romania and France show today a very similar degree of decentralization, broadly consistent withthe requirements of the Charter
Webert, Francine. "Unite de l'Etat et diversité régionale en droit constitutionnel francais". Nancy 2, 1997. http://www.theses.fr/1997NAN20013.
Texto completoArchetype of the state-nation, the french unitarian state excluedes by that very fact from taking charge of any infra-national pluralim. France has always been confronted with pluralism and diversity. As a pre-eminently integrating model, the unitarian french state is actually a much more supple organisation model of political society that it seems to be, even if we often blame it for being too devoted to the tradition of jacobin uniformity. On the contrary, the french unitarian state, which is obliged to absorb the tensenesses caused by its sociological diversity, is able to accept some forms of particularism. Born of a mosaic of people and cultures, the french unitarian state was created and maintained as an organisation model of a political society precisely because it has achieved in building a national identidy, wich has been strong enough to supersede the identitary feling developped by each of its infra-national components. Once this national and subjective unity reached, nothing forbids it taking into account the most tanible forme of the infra-national pluralism. Embarking on the course of integrating diversity inside unity, the unitarian state takes cognizance of the heterogenous forme of its social body and thereby, affords its own strengthening. The unitarian state is not able to adapt itself in order to give an account of its human heterogeneity, but also to accpet some situations, wich are even more tortious to the state unity, even if involves making its initial position a bit suppler. Adaptation of the unitarian state is undoubtely more complex in front of the extreme situations like identitary demonstrations unable to any integration of territorial collectivies inside the community frame. Nevertheless, adaptation does not mean relinquishment and change of the unity lead to the conclusion of a bursting state-nation
Bacoyannis, Constantinos Favoreu Louis. "Le principe constitutionnel de libre administration des collectivités territoriales /". Aix-en-Provence : Paris : Presses universitaires d'Aix-Marseille ; Économica, 1993. http://catalogue.bnf.fr/ark:/12148/cb366691018.
Texto completoBesson, Élise. "L'encadrement constitutionnel des relations financières entre l'État et les collectivités infra-étatiques : recherche en droit comparé sur la garantie constitutionnelle de l'autonomie financière des entités territoriales". Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32086.
Texto completoFinanciel autonomy is a main component for the local governments' autonomy. In light of comparative law, this research intends to examine the various aspects of the local governments' financial autonomy as guarantee by the (French) Constitution, and protected by the Constitutional Court. This research allows for greater expansion of the vision of financial relations between the national and local governments in France, thanks to the comparison with other countries that have a system of vertical distribution of competences that is different than that of France. This research looks into the perspective of the current French system compared to the American, Spanish, Italian and other such models. This comparative perspective allows for the identification of both the convergent and divergent points between the various state governance models, and aims to highlight the working of the French guarantee for the local financial autonomy protection
De, Rocca-Serra Philippe. "L'autonomie financière locale : approche constitutionnelle et perspectives d'évolution". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0396.
Texto completoOur study focuses on the evolution of the acceptance of the principle of local financial autonomy, associated with a pluralist approach exploring its peripheral but also supranational definition, in the light of a constitutional case law dealing with it at least in the framework of the respect of the principle of equality. Constitutional rules, as safeguards, fade away against a policy of control of public deficits and debt widely intertwined with that of the European treaties favoring a funnel approach imposing coercive measures to the central power and extending, through its ramifications, to local and regional authorities as fiscal adjustment variables in the service of public finances. In such a context marked by a financial recentralisation shifting away from the original precepts of the idea of decentralization, will the prospects of constitutional reform and recasting of local taxation be able to move towards greater autonomy or even a semi-federalism going beyond the current conceptions or will they be reduced to the writing of at least sibylline provisions operating a necessarily asymptotic evolution regarding the respect of supranational rules of budgetary restriction?
Delcamp, Alain. "Le Sénat et la décentralisation, 1969-1986 : de la défense des libertés locales à la mise en oeuvre de la décentralisation". Paris 1, 1987. http://www.theses.fr/1987PA010263.
Texto completoGinovès, Max. "Le Sénat : grand conseil des communes de France ? : étude comparative des assemblées parlementaires de la Ve République". Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32003.
Texto completoAccording to the article number 24 of the constitution of October 4, 1958, the senate "warrants the representation of the territorial collectivities of the republic". It is thereby part of a long tradition which goes back to the famous expression of Gambetta who termed the upper assembly as a "great council of the French parishes". This thesis proves: on the one hand that the senatorial constituency is not made up of representatives of the local collectivities as such, but that it takes the size of the populations into account. And on the other hand that the senate both as regards its inner working and its national functions (namely from the constituent, legislative and control stand point) fails to fulfil its constitutional task. As for the presence of a large number of local representatives among the senators, it is not significant since it can be found as well in similar proportions at the national assembly, despite a different voting system. Therefore, one ought to regard the senate as an embodiment of the people, but which is achieved in a different manner than in the national assembly - the voting system, the length of the mandate and especially the age, which are conductive to inducing reflection, judgment, wisdom, at the same time, bring a republican nobility into prominence - there lies the true justification of the republican senate
Gindre, David Carine. "La loi du pays en droit constitutionnel français : expression de la spécificité calédonienne dans un État unitaire en mutation". Paris 1, 2005. http://www.theses.fr/2005PA010288.
Texto completoAnassi, Dhoifiri. "Mayotte le 101ème département français : les enjeux de la nouvelle départementalisation". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020055.
Texto completoEvery French department has its own history and geography, not least those which form the French overseas territories and departments. While the metropolitan departments have just voted for new departmental councils, Mayotte confirmed by referendum her wish to become the 101st department. After her long colonial history, the islands of the Comoros did not choose the same destiny. These Indian Ocean islands became a republic, and Mayotte a new territory of the French Republic. It is Mayotte’s institutional and political history, the various steps which led to its departmentalisation, the obstacles overcome as much as the consequences now needing to be managed, which have attracted the researcher’s attention and analysis. The work has been driven by an ethic of conviction (the researcher has experienced this history as a Mahorais) and of responsibility (he has applied the same objectivity as every metropolitan researcher). He wants to contribute to the constitutional history of France by trying to explain in this research the legislative evolution of the French overseas departments and by exposing the different problems (health, education, migration, right to nationality based on birthplace) which need to be addressed. Up until now there hasn’t been any research done which examines the reason for this new French department; the 101st, one of the only ones not founded by Napoleon, but which nevertheless joins the great tradition of 1789 and “the decentralised republic of 1982-2013
Bouet, Jean-Baptiste. "L'administration décentralisée du territoire : choix et perspectives ouverts sous la Cinquième République". Phd thesis, Université d'Angers, 2006. http://tel.archives-ouvertes.fr/tel-00331419.
Texto completoVixamar, Joram. "L’Etat central et les collectivités décentralisées d’Haïti : étude des relations dans le processus de décentralisation". Thesis, Rennes 2, 2019. http://www.theses.fr/2019REN20023.
Texto completoHow did the Haitian State go from the status of Centralized state to that of unitary and decentralized one ? The purpose of this paper is to understand, from the point of view of laws and history, the behavior of the central government in relation to the local one by highlighting their institutional relations. To do this, we studied a sample of 5 municipal communities. The legal base of the local authorities of Haiti was defined by the Constitution of 1816 with the creation of the communes as administrative districts of the State to replace the old parishes inherited from the French colonial structures of the nineteenth century. From 1816 to the present days, history of Haiti shows periods of progress, of silence and even of decline in the construction of local communities, according to whether the priorities of the political regimes were centralizing or decentralizing. Although the 1843 Constitution attempted to establish local bodies, the vast majority of them followed suit. We had to wait until the 1987 Constitution to see the birth of three levels of decentralized communities with prerogatives and obligations to recognize he system of Haiti as a decentralized one. The state has become unitary and progressively decentralized. However, it was also necessary to put in question the reality of the functioning of the said communities because of their weaknesses, more specifically financial ones. The study of these decentralized administrations makes it possible to understand heir technical, administrative and financial competences in relation to the compensations of the State, which remain very inadequate and result in a weekly decentralized system
Voisard, Caroline. "Reconnaître et protéger le statut constitutionnel des municipalités: critique de l'état du droit et perspectives d'avenir". Thèse, 2009. http://hdl.handle.net/1866/3991.
Texto completoThis thesis proposes a global portrait and criticism of Canadian Law concerning the legal status of municipalities. The adage that municipalities are merely creatures of legislatures that have no constitutional status is an inheritance of the American Law (Dillon’s rule) dating back to the end of the 19th century. Many American states have rejected this rule though and implemented home rule powers in their state constitution. But canadian case law has not followed and still refuses to recognize constitutional protection to municipalities. We notice however an evolution of the legislation and the case law towards an increase of municipal autonomy. This research tries to demonstrate that the existence of municipal institutions steered by elected representatives and provided with autonomous powers on subjects of purely municipal interest is part of the unwritten constitutional law. The unwritten exceptions to the legislative power of a province to amend its internal constitution and the unwritten fundamental principles of democracy and protection of minorities will be examined. A protected status for municipalities is in compliance with the international instruments concerning local powers and is present in the constitutions of several States, among which California and Italy. Finally, we propose different measures inspired by international law and comparative law for Canada or Quebec to recognize expressly that the existence of the third branch of government is protected and that the democratic character of municipalities and their general municipal powers cannot be withdrawn by the Legislature.