Tesis sobre el tema "Droit et libertés constitutionnels"
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Froehlich, Muriel. "Diversité territoriale et uniformité du droit des droits et libertés dans la jurisprudence du conseil constitutionnel". Montpellier 1, 2005. http://www.theses.fr/2005MON10009.
Texto completoPlaton, Sébastien. "La coexistence des droits fondamentaux constitutionnels et européens dans l'ordre juridique français". Bordeaux 4, 2007. http://www.theses.fr/2007BOR40015.
Texto completoThe examination of Constitutional Fundamental rights and European Fundamental rights highlights a certain number of divergences between them. These divergences can be advantageous to the persons who beneficit from these rights, who have the possibility of claiming the higher level of protection. Nonetheless, conflicts between fundamental rights are still possible. In order for these fundamental rights to complement each other as efficiently as possible, one must go further than the existing limit between the regulation of the constitutionnality and of the conventionnality of the laws and allow for a judicial control of the "fundamentality". The impossibility of resolving the conflicts in a satisfactory way based on a hierarchy of the fundamental rights, makes it all the more necessary to develop conflict "avoidance" strategies, consisting in a dialogue between the systems, aimed at eliminating the conflicts, and also in finding a compromise between the fundamental rights
Martinez, Jérémy. "Conseil constitutionnel et économie". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020030.
Texto completoThis dissertation aims at defining the economic rights and freedoms protected by the Conseil Constitutionnel and provide a systematic representation of constitutionnal case law, based on its commentary along with the analysis of the preparatory phases of the Conseil’s rulings. This method reveals that those rights and freedoms emerged in the 1980’s as a response to the critics of an alleged gouvernement des juges (“government by judiciary” or “rule of judges”). In fact, the Conseil Constitutionnel established those rights following an empirical analysis and interpreted them as litteral matters of fact. Those rights and freedoms were presented as the result of the regular function and empirical work of the judges as to tacle the idea they were the expression of the judges view or of their support to pre-existent economical principles. This atypical posture helps the understanding of the meaning of these rights and freedoms : those are fundamental rights and freedoms interpreted in anticipation of and with regard to their implementation into a market in such way to protect economical interests. Given this market-oriented definition, another classification of constitutionnal case law is possible. In the latter, the content of the economical rights and freedoms is not determined by field of the economy but through an analysis aiming the upholding of order in the market. This is where the originality and the potential of those rights and freedoms lies : yet not obeying an economic analysis of law, these requirements create a new referential mould that will allow to renew the whole category of constitutionnal rights and freedoms
Capitani, Amandine. "Les libertés de l'entrepreneur : recherches sur la protection constitutionnelle des droits et libertés à caractère économique : aspects de droit comparé espagnol, français et suisse". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32062.
Texto completoEven if it is commonly accepted that economy and constitution are connected in comparative law, the French approach was more reserved for a long time. This relative lack of interest arouses curiosity. Although some studies have been realised on property law and on free enterprise, they have seldom been studied together, as part of a more global system. The detailed survey of the protection of rights and freedoms of an economic nature in Spain, France and Switzerland brings us to a similar but not very encouraging assessment. In the same way, there exists a real awareness of their importance in the development of society. Strengthening the protection of these rights and freedoms then appears necessary. This goes through the strengthening of their “subjectivisation” where the “freedoms of the entrepreneur” have to be pushed forward
Ménard, Arnaud. "L'office des juges constitutionnels français des droits fondamentaux". Thesis, Normandie, 2020. http://www.theses.fr/2020NORMR023.
Texto completoThis thesis presents an original definition of fundamental rights. It relates to a study of the competences of French constitutional judges. These judges apply and classify fundamental rights. The identification and classification of fundamental rights are based on a criterion of priority of application, or "prevalence"
Caceres, Frasquiel Gabrielle. "Quand la religion questionne la généralité de la norme. Quelle place pour l’« accommodement raisonnable » en Europe ?Étude de cas – Angleterre, France, Belgique". Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/221037.
Texto completoDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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.
Texto completoConstitutional 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
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 completoCrépeau, François. "La condition du demandeur d'asile en droit comparé : droit international, droit français, droit canadien et quebecois". Paris 1, 1990. http://www.theses.fr/1990PA010280.
Texto completoThe recent increase in the number of asylum-seekers in industrialized states has given headaches to public administrations. The overburdening of refugee status determination systems has given rise to restrictive pratices approved by a badly informed public opinion. These practices are studied in view of defining the principles that should guide polices in the field. In the introduction, the present situation of asylum-seekers is described and followed by a presentation of the French and Canadian efforts towards refugees. In the first part, a short history of asylum and of the contemporary concept of refugee allows to apprehend the elements of a definition of asylum. In the second part, the rules of entry and sojourn of the asylum-seeker in the country of asylum are described and compared. In the third part, the social condition of the asylum-seeker is studied in both countries, as well as the protective rules of the refugee status determination system. In the conclusion, the principles defines are synthetized, developped and gathered under the umbrella of the protection of the human dignity
Zattara-Gros, Anne-Françoise. "La dimension constitutionnelle et européenne du droit de propriété". La Réunion, 2000. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/00_02_Zattara.pdf.
Texto completoMichel, Audrey. "Le recours au mode de preuve scientifique dans le contentieux constitutionnel des droits et libertés : recherche comparée sur les méthodes des juges américain et canadien". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0053/document.
Texto completoIn 1908, the U.S. Supreme Court Justices made several citations of medical, sociology andpsychology studies for the first time. Since then, the use of scientific evidence has expanded and it became an important part of the work of the Supreme Court of the U.S. as well as the Supreme Court of Canada. Scientific evidence is an essential tool to inform judges in constitutional rights cases. It gives information on social realities and technical questions which are directly relevant to resolve questions of law. However, the use of scientific evidence is more than a medium of information. Indeed, it implies an interest for facts that go beyond the parties. Constitutional doctrine itself implies empirical questions that could find answers in scientific evidence. By determining those facts, scientific evidence becomes a part of the constitutional doctrineitself. Consequently, the use of scientific evidence interrogates on the nature of judicial review and on the judge’s methods. Thought judges in the U.S. and in Canada frequently cite scientific evidence, their use is mostly unregulated and indeterminate. The uncertainties surrounding the use of scientific evidence concern procedural questions as well as questions regarding their role in decisionmaking. Those questions must be answered. Once resolved, we research a methodological framework in which scientific evidence could be used consistently by American and Canadian judges. This approach is essential to reassert the value of scientific evidence in constitutionalrights cases and to improve constitutional rights protection. Finally, this framework might be relevant for judges beyond the United States and Canada
Perdu, Sylvande. "Le déroulement du procès administratif à l'épreuve des droits européen, constitutionnel et judiciaire". Pau, 2002. http://www.theses.fr/2002PAUU2011.
Texto completoLike in any other field, the administrative trial is challenged by European, constitutional and judicial laws. In the past, judicial processes represented the main influence but today it appears necessary to examine " crossed influences ". Administrative specificities which punctuate the entire legal procedure might be questioned by this new reality but, at the same time, they are likely to be consolidated. It turns out that legal decisions produced by European, constitutional or administrative judges are favourable to those specificities. Even if the European Court of Human Rights imposes a model of " fair trial ", it doesn't condemn national identities such as administrative characteristics during the trial. It results from that analysis that administrative judges actually offer an efficient protection to " the right to an effective appeal "
Gervier, Pauline. "La limitation des droits fondamentaux constitutionnels par l’ordre public". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40058/document.
Texto completoThe dialectics of public order and freedoms has been traveling throughout legal thought since the 18th century. Sparked by new forms of delinquency and criminality, the strengthening of public order requirements leads to questioning the limitation of fundamental constitutional rights. Despite its crucible place between public order and freedoms, the limitation process remains undetermined in French law. This research, which aims at determining the limitations to protected rights, identifying the limitations to those limitations themselves, and then redefining fundamental rights through those limitations, not only helps to specify this mechanism, but also to identify the restrictions brought to the enjoyment of rights and freedoms. The Conseil constitutionnel self-restraint reveals a gradual shift in the protection of fundamental rights. Acknowledging the former leads to considering a supra legislative framework to the limitations to protected rights, and advocating in favor of the constitutional entrenchment of such a clause
Mellech, Kathrin. "La réception de la Convention européenne des droits de l'homme et des arrêts de la Cour EDH dans la jurisprudence française et allemande". Paris 1, 2011. http://www.theses.fr/2011PA010295.
Texto completoLedain, Denis. "Constitution et Convention européenne des droits de l'homme et droit des biens publics". Pau, 2009. http://www.theses.fr/2009PAUU2012.
Texto completoThis thesis compares Constitution and ECHR rules about public possessions. Il deals with issues like property right, dispossessions, nationalisations. It appears in fine that ECHR impacts much more public possessions law than Constitution. But this influence doesn't mean that national law is threatened by european rules. Indeed, the european court of human right leaves a large freedom to public administrations in this matter
Szymczak, David. "La Convention européenne des droits de l'homme et le juge constitutionnel national". Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30013.
Texto completoThe study of the relations between the European Convention on Human Rights and the Constitutional courts of the forty-four States, which have thus far ratified the ECHR, implicates two readings. Firstly, the two systems of protection must necessarily collaborate in order to ensure the maximal guarantee of fundamental rights in Europe. While generally satisfactory, this cooperation needs nevertheless to he reinforced over the coming years. Secondly, the European Court of Human Rights appears, in the last ten years, to be seeking to incorporate the national systems of protection in a threefold offensive (procedural, substantive and organic) on the office of the constitutional judge. As this latter tendency can have adverse consequences, it seems in the final analysis, judicious to seek to reconcile cooperation and integration in order to facilitate a minimum level of harmonisation of fundamental rights in Europe without denying the individual aspects and richness of national constitutional rights
Duffy-Meunier, Aurélie. "La protection des droits et libertés au Royaume-Uni : recherche sur le Human Rights Act 1998 et les mutations du droit constitutionnel britannique face aux exigences de la Convention européenne des droits de l'homme". Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32051.
Texto completoThe United-Kingdom has, for long, been seen as the home of Liberty. Indeed, it is the first country where historical documents recognized rights and freedoms. However, the decline of the British culture of Liberty during the eighties led to a change of the traditional sources of protection. This change was materialized in the Human Rights Act 1998, which is designed to give further effect to the rights and freedoms guaranteed in the European Convention on Human Rights. But has this new document succeeded in reviving the spirit of liberty characteristic to the British psyche ? Answering this question requires an assessment of the impact of the Human Rights Act 1998 on the effectiveness of the protection of liberty but also its impact on the British Constitution as a whole. The study of the British system enables us to consider the British contribution to the debate on fundamental rights and its significance to the development of constitutionalism
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.
Texto completoDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Sola, Guillaume. "Sportifs et droits fondamentaux". Thesis, Lyon 2, 2009. http://www.theses.fr/2009LYO22009.
Texto completoHow many children dreamed to become a day professional football player, a tennis player or a driver of Formula 1? How much were we in the evening of finale of the World cup 1998 behind the French Team ? Magic, social phenomenon, vector of integration … We could talk indeed for a long time about the virtues of the sport. However, the other side of medal is much less happy, safe for the jurist. Indeed, we attend these last years a process of consideration of the sport by the state law. The sport cannot stay any more outside the state law. This penetration of the law has necessarily incidences on the fundamental rights recognized by the sportsmen. Nevertheless it seems that the doctrine that is little interested in the sportsman, " who is a citizen as the others with inalienable rights ".If the principle according to which the sportsman arranges the same fundamental rights as every citizen seems widely admitted, it is advisable not to remain impervious to the demand of a sports exception. Indeed, the sports movement lives as an intervention the apprehension of the sport by the state law. The opposition between the European Commission and the authorities of the football, concerning the system of transfers, is a recent proof of this hesitation. So a sports specificity would prevent the normal application of the legal rule. What is it from the point of view of the fundamental rights of the sportsman? Is there a sports exception in fundamental rights so that taking back an expression of Hauriou, we could consider the sportsmen as " special citizens "? Several problems settle. First of all, it will be advisable to wonder about the existence of a sports specificity in the recognition of rights for the sportsman. Indeed, the question is the one to know if the sportsman is a holder of the same rights as every citizen. Once the rights of the sportsman were determined, the question of the effectiveness of its rights will settle. Is not there a sports peculiarity in the exercise of the fundamental rights, so that if the sportsman benefits as in principle from the same rights as every citizen, he could not exercise them in the same way? So the effectiveness of the rights of the sportsman would be eased.The operated of a specificity of application in fundamental rights reveals a category-specific protection which breaks with the universalism traditionally attached to human rights. The search for the effectiveness of the rights of the sportsmen is nevertheless relevant. But it leads the judge to recognize the fundamental character of a right, independently of the standard which supports it according to the importance which it takes on in the special case. The initiative of the new actor of the sports scene shows a questioning of the formal meaning of a word of the notion of fundamentality for the benefit of a material meaning of a word. So as to recognize the existence of a right by the formally fundamental sport. Because " it is more interesting to wonder about the existence of the same right, at the level where are normally recognized the fundamental rights, that is at the constitutional level ". Even if no text with supreme value dedicates such a right, " You should not nevertheless be held in it disappointing report ". Because its emergence is perceptible. The interest is considerable because the law for the sport recovers the quasi-totality of the nomenclature of human rights. Its stake in work becomes necessary for the consideration of the sports specificity
Marson, Grégory. "Le juge administratif et les libertés économiques : contribution à la définition des libertés économiques au sein de la jurisprudence adminuistrative". Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100033.
Texto completoThe primary purpose of this study is to identify and define economic public freedoms in administrative case law. The research shows that free enterprise is the only genuine public economic freedom relied upon by administrative judges. It is indeed the only one based on protecting the subjective rights or interests that are related to the legal personality, especially when it comes to individuals. It covers two essential rights: access to an economic activity and the running thereof. If the expression "free enterprise" was not created by the administrative judges but by the constitutional and European judges, it has however been known for a long time by administrative judges as "freedom of trade and industry." As such, it has a number of different names, which may vary depending on the context. Even if administrative judges consider – like their constitutional and European counterparts – that is it a secondary freedom, it is still a constitutional freedom.The definition and classification of "free competition" are more problematic, since such freedom covers two different aspects:- it may first be considered the respect of equal competition, as a new version of the equality principle. In this context, it can take a subjective aspect since it protects a right based on legal personality, even though its primary purpose is to protect market mechanisms.- it may also be considered as a competition system. From this perspective, it cannot be considered a public freedom but rather a goal or a requirement of general interest in the market good competitive functioning. The rights or interests of economic actors that derive from the protection of the competition system are not granted on the basis of their legal personality alone. The protection of those rights and interests in only subsidiary; interfering with free competition on the market is first and foremost prohibited. The rights and interests of economic actors in protecting the competition system have their source and guarantee in free enterprise. This freedom gives legal and natural persons the right to access and to run a business. Free competition ensures and reinforces the effectiveness of these two fundamental rights
Remiche, Adelaïde. "La justiciabilité des droits économiques, sociaux et culturels en Belgique: Étude analytique et prospective à la lumière de la jurisprudence internationale". Doctoral thesis, Universite Libre de Bruxelles, 2017. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/243492.
Texto completoDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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.
Texto completoIn 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
Rrapi, Patricia. "L'accessibilité et l'intelligibilité de la loi en droit constitutionnel : étude du discours sur la "qualité de la loi"". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1051.
Texto completoThe « Quality of law » doctrine, as found in the jurisprudence of the Constitutional Council, has two functions. First it means that a citizen must have notice of a law before it is applied to him; and second that a statute's text must be sufficiently « clear » in order to avoid arbitrary enforcement. This thesis proposes a distinction between these two functions of the « Quality of Law » doctrine; the first reflecting an ex ante principle and the latter an ex post principle. Whereas the ex post « quality » deals with misuse of the statute's text by authorities charged with enforcement, the ex ante function – fair notice of laws in force – requires a more modern meaning as the nature of law changes and its delivery becomes more fractured and unpredictable. This thesis includes a comparison of the French doctrine with a parallel doctrine in American Constitutional Law – the « Vagueness doctrine »
Serges, Giuliano. "La dimension constitutionnelle de l'urgence en France et en Italie". Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0122.
Texto completoThe research concerns «the constitutional dimension of the emergency in France and Italy». The PhD Thesis will be divided into two parts.The first part is aimed at the theoretical definition of the emergency. We have paid priority attention to highlighting the difference between the emergency and the others “similar” legal notions (necessity, periculum in mora, celerity, etc. Is it possible defining the emergency in a rigorous way?In the second part we have examined the articles 47, al. 4, and 61, al. 3, of the French Constitution and the articles 13, 21, 72, 73 and 77 of the Italian Constitution. We have also analyzed the state of emergency law in France and in Italy. It is possible to envisage a «democratic emergency»
Pellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers". Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.
Texto completoThe present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
Chopplet, Antoine. "Adhémar Esmein et le droit constitutionnel de la liberté". Thesis, Reims, 2012. http://www.theses.fr/2012REIMD004/document.
Texto completoBorn on February 1st, 1848, Adhémar Esmein died on July 20th, 1913. He was recognised as one of the most important French lawyers from the ‘Belle Epoque’. Appointed by the University of Law in Paris in 1879, he taught at the most prestigious French educational institutions such as the École des Hautes Études and the École Libre des Sciences Politiques.Esmein was, above all, a Legal historian, but throughout his career, he also published numerous studies on Roman Law, Canon law and he wrote two prominent books on French legal history.During his academic career, Esmein was also regarded as one of the most important constitutional experts of his epoch. He taught Constitutional Law in Paris from as early as 1890 and was involved in constitutional science throughout his life. In 1896 he published ‘Elements de Droit Constitutionnel’ which is still considered as a fundamental text in the field of French Constitutional Law. The book was re-edited seven times until the 1920s, is generally seen as the first published work on republican constitutional law and gained its author a reputation as a tireless instigator of the Third Republic political regime.An analysis of the full body of his constitutional work leads the reader to the conclusion that it seems that Esmein’s philosophy is mainly based on the French liberal ideology which was dominant in the second half of the 19th century: it can be argued that his republicanism can be exclusively explained by his liberalism.This research project intends to study the constitutional thought of the author in terms of liberty and to show that the sole purpose of his legal theories was the protection of the freedom of the individual
Le, Coustumer Jean-Christophe. "Liberté d'expression, souveraineté nationale et justice constitutionnelle : recherche sur une théorie de la fonction du juge constitutionnel en démocratie". Caen, 2002. http://www.theses.fr/2002CAEN0065.
Texto completoKissangoula, Justin. "La Constitution française et les étrangers : recherches sur les titulaires des droits et libertés de la constitution sociale /". Paris : LGDJ, 2001. http://catalogue.bnf.fr/ark:/12148/cb376399746.
Texto completoBibliogr. p. 525-563.
Carrère, Thibault. "La démocratie constitutionnelle à l'épreuve du républicanisme : Sur la dualité philosophique du constitutionnalisme moderne". Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD037.
Texto completoConstitutionalism, and Democracy, are the two projects of modernity. The concept of constitutional democracy carries theses two projects. There are two conceptions of constitutional democracy. The first one is the most popular in legal scholarship. It is centred on rights-based judicial review. Our hypothesis is that this conception of constitutional democracy is backed up by descriptive and normative discourses resting on liberal assumptions. Therefore, the evolution from human rights to fundamental right is based on a specific conception of freedom, rights, democracy, and a specific historical context. This dominant view is not the only view. The second conception of constitutional democracy is based on republican philosophy. The republican view intent to overtake the judicial-centred conception of democracy, by rehabilitating elected institutions and the people themselves. This legal republicanism is widely ignored by French scholars, but very dynamic abroad, gives us tools to grasp recent constitutional evolutions : the expansion of fundamental rights, the growth of constitutional adjudication, the attrition of political responsibility, the disappearance of the people, the mutation of sovereignty. Therefore, republicanism brings to light the limits of dominant liberal conception of constitutional democracy, and put forward a renewed one
Padovani, Julien. "Essai de modélisation de la justice constitutionnelle : réflexions à partir du recentrage du contentieux constitutionnel français autour des droits et libertés". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0446.
Texto completoAre theoretical models still a good vehicle to think about constitutional justice? This question is at the bottom of this study, recording the doctrinal neglect of this methodological tool. Modelling has indeed faded away in recent times, after having flourished in the end of the last century on the basis of its founding proposal formulated by Charles Eisenmann. This study reconnects with these works, in particular, with those of Francisco Rubio Llorente, suggesting that constitutional litigation should be studied through a teleological prism. Following the author's proposal, distinguishing between a law-centred model and a rights-centred one, the research focuses on the French constitutional justice system. It highlights a reconfiguration of judicial review around rights and freedoms, accelerated by the « question priroritaire de constitutionnalité ». It thus provides the material that can be used to build a new modelling. Because of its limitations, the original doctrinal proposal is indeed reformulated by highlighting the tension between separation of powers and human rights as the two kinds of purposes assigned to constitutional litigation. The stakes of such modelling are numerous. In particular, it makes it possible to draw attention to the nature of the control carried out and to the extent of power granted to constitutional judges, emphasizing the legitimacy issue of constitutional justice. This research is exploratory in nature. It provides, not an analysis of positive law, but a tool that can enable such an analysis. It is thus part of an approach trying to rehabilitate modelling in legal studies, based on an understanding of models as descriptive tools
Cambot, Pierre. "La protection constitutionnelle de la liberté individuelle en France et en Espagne". Pau, 1995. http://www.theses.fr/1995PAUU2037.
Texto completoBecause it stands at the top of the hierarchy of laws, the constitution has a responsability to protect individual liberty. However, examination of the fundamental laws in france and spain shows that this potential has been exploited in different terms in the two countries. Whereas the letter of the french constitution restricts its scope to governing the institutional relations between the principal institutions of the state, the spanish constitution - drafted during the democratic movement which profoundly affected southern europe in the 1970's - gives a privileged status to fundaental rights. In spite of this original difference, the voluntarist jurisprudence of the conseil constitutionnel has finally succeeded in bringing the french system into line with the requirements of modern constitutional law. Consequently, the constitutional regim of individual freedom is, in the main, broadly indentical in france and spain
Laurent, Aurélie. "Plurijuridismes, juges suprêmes et droits fondamentaux : étude comparée entre l’Union européenne et le Canada". Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34302.
Texto completoMillard, Eric. "Famille et droit publicRecherches sur la construction d'un objet juridique". Phd thesis, Université Jean Moulin - Lyon III, 1994. http://tel.archives-ouvertes.fr/tel-00012086.
Texto completoZerouki, Djoheur. "La légalité criminelle : enrichissement de la conception formelle par une conception matérielle". Lyon 3, 2001. https://scd-resnum.univ-lyon3.fr/in/theses/2001_in_zerouki_d.pdf.
Texto completoLabayle, Simon y Simon Labayle. "Les valeurs de l'Union européenne". Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28087.
Texto completoL’Union européenne est, selon l’article 2 TUE, « fondée » sur des « valeurs » précisément identifiées. Le préambule de la Charte des droits fondamentaux dresse un constat similaire dans des termes quasiment identiques. Ces « valeurs » sont donc constitutionnellement indissociables de l’Union. L’affirmation juridique de cette dimension fondatrice est d’autant moins neutre qu’elle est systématiquement revendiquée. Elle renvoie à une recherche d’essentialité laissant supposer que l’Union accorde volontairement une place centrale à ses valeurs, ce que confirme l’analyse des grandes étapes de son histoire. Ce choix s’exprime concrètement dans différentes dispositions issues des traités constitutifs. Les valeurs exercent notamment une influence décisive sur des questions aussi fondamentales que celles de la définition des objectifs de l’Union (article 3 TUE), du prononcé d’éventuelles sanctions à l’encontre d’Etats membres qui menaceraient leur intégrité (article 7 TUE), de l’orientation des relations qu’elle tisse avec son voisinage (article 8 TUE), ou encore des modalités de l’éventuelle adhésion d’un Etat tiers à l’Union européenne (article 49 TUE). Au-delà de la portée symbolique, juridique et politique de ces différents thèmes, les valeurs participent en réalité à déterminer l’identité spécifique de l’Union européenne. Il convient alors de s’interroger quant à la traduction concrète de la dimension fondatrice des valeurs dans le projet d’intégration et, donc, d’éprouver la force des convictions communautaires. L’objet de la recherche vise à déterminer si la revendication d’une Union fondée sur des valeurs résiste à la rigueur de l’analyse scientifique ainsi qu’à la pression des faits. Afin de démontrer la consubstantialité et l’irréversibilité du lien que partagent l’Union européenne et ses valeurs, il est d’abord nécessaire de mettre en relief la vocation structurante et fonctionnelle des valeurs pour l’Union. Il reste ensuite à mesurer à quel point leur portée existentielle dépend de l’enjeu de leur protection, qu’elle soit politique, administrative ou juridictionnelle. Mots-clés : Valeurs, Principes, Identité, Adhésion à l’Union, Elargissements, Droit de retrait, Pluralisme, Adhésion à la CEDH, Crises, Etat de droit, Dialogue des juges.
The European Union is, according to Article 2 TEU, "founded" on "values" precisely identified. The preamble of the Charter of Fundamental Rights draws a similar conclusion in almost identical terms. These "values" are inseparable from the EU under its primary law. The legal affirmation of this fundamental dimension is systematically claimed. It refers to a research of essentiality suggesting that the Union voluntarily gives a central place to its values, which confirms the analysis of the main stages of its history. This choice is expressed in various provisions of the founding Treaties. These values carry a decisive influence on fundamental issues such as the definition of the objectives of the Union (Article 3 TEU), the imposition of any sanctions against Member States that threaten their integrity (Article 7 TEU), the orientation of the relationships it forges with its neighbours (Article 8 TEU), and the terms of the possible accession of a state outside the European Union (Article 49 TEU). Beyond the symbolic, legal and political scope of these themes, the values determine the specific identity of the European Union. Thus, it is appropriate to question the concrete translation of the founding dimension of the values in the integration project and, therefore, to test the strength of community beliefs. The aim of the research is to determine whether a Union based on values can withstand the rigour of scientific analysis as well as the pressure of events. In order to demonstrate the consubstantial nature and the irreversibility of the link shared by the European Union and its beliefs, it is crucial to highlight the structural and functional vocation of the values for the Union. Lastly, their existential scope is yet to be assessed as this will depend from the level of their protection, whether political, administrative or judicial. Keywords: Values, Principles, Identity, Accession to the European Union, Enlargement, Right to withdraw, Pluralism, Accession to the ECHR, Crisis, Rule of law, Judicial dialogue.
The European Union is, according to Article 2 TEU, "founded" on "values" precisely identified. The preamble of the Charter of Fundamental Rights draws a similar conclusion in almost identical terms. These "values" are inseparable from the EU under its primary law. The legal affirmation of this fundamental dimension is systematically claimed. It refers to a research of essentiality suggesting that the Union voluntarily gives a central place to its values, which confirms the analysis of the main stages of its history. This choice is expressed in various provisions of the founding Treaties. These values carry a decisive influence on fundamental issues such as the definition of the objectives of the Union (Article 3 TEU), the imposition of any sanctions against Member States that threaten their integrity (Article 7 TEU), the orientation of the relationships it forges with its neighbours (Article 8 TEU), and the terms of the possible accession of a state outside the European Union (Article 49 TEU). Beyond the symbolic, legal and political scope of these themes, the values determine the specific identity of the European Union. Thus, it is appropriate to question the concrete translation of the founding dimension of the values in the integration project and, therefore, to test the strength of community beliefs. The aim of the research is to determine whether a Union based on values can withstand the rigour of scientific analysis as well as the pressure of events. In order to demonstrate the consubstantial nature and the irreversibility of the link shared by the European Union and its beliefs, it is crucial to highlight the structural and functional vocation of the values for the Union. Lastly, their existential scope is yet to be assessed as this will depend from the level of their protection, whether political, administrative or judicial. Keywords: Values, Principles, Identity, Accession to the European Union, Enlargement, Right to withdraw, Pluralism, Accession to the ECHR, Crisis, Rule of law, Judicial dialogue.
St, Louis Marcouiller Claire. "La Charte canadienne des droits et libertés et le domaine constitutionnel de l'expression commerciale". Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/9637.
Texto completoAlsfi, Bodor. "La protection constitutionnelle des droits fondamentaux au Koweït : étude comparée au système français". Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D008.
Texto completoIn 1962, one year after the independence, Kuwait issued its constitution which adopted the Monarchical regime, and organized the formal relations among the different public authorities (Legislature, Executive and Judiciary). The constitution announced the individual rights and liberties as natural rights which are sacred and unalienable. So, it was necessary to provide means to protect such rights. In other words, as most of countries, Kuwait had to overcome the difficulties that related to control the constitutionality of legislations. Therefore, the legislator issued a special law in 1973, that gave a birth to the constitutional court, which is specializing in verifying the constitutionality of legislation. It remains to highlight that the Constitutional Judiciary in Kuwait is not in a shelter away from criticism. Certainly, the existence of a constitutional judge as a guard of liberties is a great step toward the state of law. But in the practice side there are many obstructions that raise doubts about the effectiveness of his mission. This research proposes to identify these obstructions and mentions the efforts to establish a constitutional justice, which seeks to achieve the greater part of the rights and liberties guaranteed by the constitution. Under this title, the comparison with the constitutional council in France may grant us great interests with keeping in mind that each institution exercises its own functions in different (cultures, political, and social) conditions
Duffy, Aurélie. "La protection des droits et libertés au Royaume-Uni : recherche sur le Human Rights Act 1998 et les mutations du droit constitutionnel britannique face aux exigences de la Convention européenne des droits de l'homme /". Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41182114w.
Texto completoPorte, Noémie. "Le Conseil constitutionnel, gardien de la liberté des Anciens". Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10017.
Texto completoThe research had for subject the study of the decisions of the Constitutional Council in the light of the liberty of the Ancients and the liberty of the Moderns, both concepts proposed by Benjamin Constant in 1819. The French constitutional judge seems more inclined to protect the requirements of the liberty of the Ancients than the individual autonomy. The first part of the thesis attempts to demonstrate that the Constitutional Council operates a control of the principles of the political representation to the benefit of the liberty of the Ancients : the High authority is demanding as regards the democratic elaboration of the law and the conservation of the collective "goods" such as the sovereign people's unity or the indivisibility of the Republic. The second part of the thesis is dedicated to the control of the respect for individual rights, which is also operated in the service of the liberty of the Ancients. The existence of a jurisdictional appeal is often enough to guarantee the constitutionality of infringements of substantial rights, leaving a wide margin of discretion to the political representation. The constitutional judge nevertheless showed himself rigorous towards the respect for the liberties of communication, without which the representatives have an electoral but not democratic legitimacy
Gahdoun, Pierre-Yves. "La liberté contractuelle dans la jurisprudence du Conseil constitutionnel". Montpellier 1, 2006. 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%3D42.
Texto completoSince the beginning of the years 1990, freedom of contract appeared in the jurisprudence of the Conseil constitutionnel. Very quickly the question of its statute arose. Ones underlining impossibility of constitutionalizing a right without any constitutional base and marked by relativity in the current legislation. Otners denouncing ambiguity surrounding the Conseil constitutionnel jurisprudence. It appears however that by underlining the unfolding of the dispute relating to the freedom of contract, ambiguities are dissipated revealing jurisprudence protecting the contract on two levels: on one side, "contractual perenniality" allowing a protection of the contracts in progress against the attacks of the legislator. On the other, the "contractual impulse" authorizing a protection of the contracts to corne. These two aspects characterize today the functional duality of the freedom of contract and control the jurisprudence of the Conseil constitutionnel on the matter
Issa, Ali. "Islam et Droit constitutionnel en Egypte, en Syrie et au Maroc : étude comparée". Thesis, Université de Lorraine, 2015. http://www.theses.fr/2015LORR0153.
Texto completoTo understand the logics of the constitutionalization of the Islam in the Arab world,this study suggests, at first, highlighting the continuity of the constitutional influence of theIslam. Indeed, all the constitutions of Arab states, with the exception of that of the Lebanon,refer to the Islam. The important constitutional role of that religion actually affects thestructure and organization of the state, but also the determination of the protection offundamental liberties of man, especially that relating to freedom of religion.Secondly, it is advisable to highlight the ways which allow Arab States to overtake thetheological vision of the constitutional law. The accent is put on two trends: the progressivesecularization of the political power through the marginalization of the religious referent andthe consecration of the state power on one hand, and the constitutional rationalization throughthe strengthening of the role of the constitutional justice and the awakening of the civil societyon the other hand. After all, these developments put the keys of understanding of the legal andpolitical current events. At the time of the "Arab Spring", these two referents, Islam andConstitutional law, are linked to form the political and legal life of the Arabic peoples. Theirdialogue seems necessary or obvious especially as the Revolutions did not end in theconsecration of a laic model and the place of the Islam is maintained, even strengthened
Musbah, Arabi. "La question des droits de l'homme et des libertés en Libye : reconnaissance constitutionnelle et garanties effectives". Thesis, Tours, 2016. http://www.theses.fr/2016TOUR1004/document.
Texto completoSince its independence in 1951 Libya has given great priority to human rights and freedoms. The Constitutional Declaration proclaimed, on August 3, 2011 following the “Arab Spring”, opened new horizons while laying the foundations for a new democratic state respectful of human rights beyond the Gaddafi era. Indeed, the Constitutional Declaration is specific about the kinds of rights and freedom the new Libyan state would like to support both nationally and internationally. Such rights and freedoms were embedded within the Constitutional Declaration and prioritized in order to protect them from any abuses by the different executive government branches. This means that individual citizens are constitutionally enabled to seek judiciary protection before local courts whenever their rights are infringed or abused. Rights and freedoms are meaningless unless constitutionally protected and supported through providing for non-judiciary guarantees centered on judiciary independence both as process and practitioners i.e. impartiality of judges
Achouri, Faraj. "Les garanties des droits dans les constitutions des pays arabes". Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0214.
Texto completoThe events that took place recently in some Arab countries since the end of 2011 showed the legal shortcomings in these countries with regard to the legal texts governing the rights and their constitutional and judicial guarantees. These events also showed the need to strengthen the guarantees of the rights set forth in the constitutional texts, the need to develop mechanisms to ensure respect by all. This has prompted several countries to make constitutional reforms or rewrite new constitutions in order to respond to popular demands. To understand the situation of rights and their guarantees in Arab constitutions, it is necessary to study, as a first step, the normative guarantees of rights. The objective is to examine the constitutional existence of the rights in the States because even before questioning their contents and their effective guarantee, one must already make sure that they are indeed legal norms. The principle of the separation of powers, which is one of the pillars of the rule of law, deserves to be examined in the Arab countries as an inseparable element of the guarantees of rights in the Constitution. In a second step, the role of the Arab judge in the protection of rights should be highlighted because the proclamation of rights alone is not enough to guarantee the rights against the threats against them, but let him be protected. It is therefore the judge who has the power to find violations of the rule of law and, if necessary, to punish them in order to ensure respect for the law. In this context, two types of judicial sanctions can be envisaged, by the constitutional judge and the judicial judge
Rabiller, Stéphanie. "Les restrictions administratives à la liberté de la presse face aux exigeances constitutionnelles et européennes". Pau, 1998. http://www.theses.fr/1998PAUU2002.
Texto completoGone is the day when it was up to the lumiere to enable the freedom of the press to radicate after times of oppression. Law, which was bom of the constitution and of international conventions, has taken over. Correlatively, those norms of superior authority hich contributa to perfect a law abiding state, compel us to enuciate administrative restrictions in such a way as to comply with certain requirements. The firts kind of requirement necessitating legislative intervention would be interference with the freedom of the press. A comprehensive law sould be foreseen to deal with these. It must be added moreover that interference souldn't be immoderate to the extent of preventing the protection of the freedom of the press from being consistent with the necessities of social life. Studying positive law permits one to observe that few instances of administrative interference effectively combine both competency rules and fundamental ones. It so happens that a common judge, confronted with such a situation of the law, stands as guarantee against the arbitrary. Such an attitude is nevertheless ambivalent indeed, substituting a close scrutiny of administrative restrictions to incomplete rules of competency contributes in maintaining in our collection of law attacks wich may endanger the freedom of the press and detract the general system of the rigths of the press
Leturcq, Shirley. "Standards et droits fondamentaux devant le Conseil Constitutionnel français et la Cour européenne des droits de l'homme". Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32060.
Texto completoThe notion of standard constitutes an especially opportune angle of study of both the work of the judge and the evolution of law, considering the appreciation modes and the values brought trough the case law. Faced with the French Constitutional Court and the European Court of human rights, it conveys the finalist requirements of legality, legitimity and proportionality which preside over the regulation of fundamental rights. Standards and fundamental rights are positively linked in a complex relation, conflictual and conjonctural by essence. Sometimes they define limitation titles of fundamental rights, admitted by the judge, for public interest profit. Sometimes they allow an evolution of these rights, confronting then conforming them to social and economic realities in the studied case law. The common consecration and use of standards by the French Constitutional Court and the European Court of human rights consequently contributes to unify human rights related case law in Europe
Pejchalová, Grünwaldová Vladimíra. "Property law in Europe : a comparative study of national law and the law of European convention for the protection of human rights and fundamental freedoms". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA020.
Texto completoThe thesis deals with the protection of private property in the law and practice of the European Convention on Human Rights and in the Czech and French constitutional law and practice. It provides a comparative inquiry into the scope of the respective property protection clauses and their judicial interpretation with a view to extracting convergent and divergent elements of the normative and jurisprudential approaches to the protection of private property as a human right. The main focus of the inquiry is to examine and compare the treatment of property in the European Convention on Human Rights and in constitutional law of France and the Czech Republic. The topic is analysed by virtue of research into several specific areas: the philosophical and theoretical foundations; the meaning and scope of the property guarantees and their judicial interpretation, limitations and deprivations of property; and the constitutional approaches to the implementation of the law and practice of the Convention
Mabaka, Placide Mukwabuhika. "Problèmes et perspectives constitutionnels du processus de l'intégration européenne". Lille 2, 2002. http://www.theses.fr/2002LIL20003.
Texto completoFrom the beginning, the Process of the European Integration raises problems of constitutionality related to the participation of the Member States not merely to the EC and the EU, but also to the system established by the ECHR. In certain Member States, the modification of the Constitution proved to be essential in order to adapt it to the requirements of the Process. This constitutional evolution also results from the interpretation of the Constitution delivered by the jurisprudence of national judges. However, this adequacy is only realised under certain conditions. As a result, the national judges are subjected to a European constitutional ius commune. But the existence of this common constitutional heritage does not bring a final response to the problems of the constitutionality of the European Integration. .
Mabaka, Placide Mukwabuhika. "Problèmes et perspectives constitutionnels du processus de l'intégration européenne : aspects nationaux et européens /". Bruxelles : Bruylant, 2006. http://catalogue.bnf.fr/ark:/12148/cb41141705h.
Texto completoLubin, Willy. "Libertés individuelles et police en droit américain et français". Montpellier 1, 1996. http://www.theses.fr/1996MON10012.
Texto completoThe study of individual liberties and the police in french and american law reveals the following set to problems regarding the powers that can be accorded or are accorded to the police in a lawful democratic state : the power to arrest or simply to detain, the power to interfere in the strict intimacy of private life, etc. In such a context, the presumption of innocence is vacated of its importance. In both the u. S. A. And france, the police have exorbitant legal powers and are seemingly imprevious to justice with respect to the responsibility of their actions towards the individual. Paradoxically on the one hand, the texts protecting individual liberties against police abuse offer but an illusion of protection. On the other hand, the control of their actions, wich should be controlledd by either executive or judiciary powers, or by the citizens themselves, is inefficient. Actually, the u. S. And france, in spite of all expectations, do not accord sufficient. Protection or guaranties to individual liberties. The aggravation of the situation in certain high risk areas along with the increased incidence of police misconduct area result of repressive and selective criminal policies applied in both countries. Moreover, by strict comparison, the american system does not offer better protection than the french system. On certain points, the even seem complementary
Dhaini, Dania. "Mariage et libertés : Etude comparative en droit français et libanais". Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV008/document.
Texto completoIn most societies, marriage is an alliance of a man and a woman. But marriage conception differs from one country to another. In France, marriage is solemnized by a civil status official: This is a civil marriage. In Lebanon, civil marriage is authorized, but on the other hand, it is limited as it concerns citizens who have solemnized their civil marriage outside Lebanon. But, on the Lebanese territories, only religious marriage is possible. It is a comparative study between two types of societies, and each society follows a different juridical language. The French society is a lay society. Marriage is governed by the French Civil Code. While the Lebanese society is composed of different communities, every one of them having their own beliefs and organization.And marriage is governed by a confessional system, therefore it is pluralist.There is an important contradiction between the French law and the various Lebanese religious laws. This raises the question of how liberty declines in the French law and the Lebanese law in marriage. Thus is the freedom to marry, or not to marry, or to choose the spouse still preserved? What about individual liberties in marriage? For example, the liberty of spirit, the professional liberty, the sexual liberty, the body liberty… Are they protected against damage that could be brought by marriage? Do they know or not the restrictions in this matter in the French and Lebanese rights? These are all questions that this thesis aims to answer