Tesi sul tema "Souveraineté – Droit – France"
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Montfort, Pascal. "La convention européenne des droits de l'homme et le droit français de la fonction publique : entre souveraineté de l'Etat de souveraineté du droit". Lyon 3, 2006. http://www.theses.fr/2006LYO33052.
Testo completoThis document is destined to analyse the effect the European Convention on Human Rights has on civil service law. Under traditional international law, this is an area that normally falls under the jurisdiction of the state. Generally, a civil servant is regarded as a citizen with limited rights and freedom. By not remaining bound by the definition of a civil servant as laid down by the Court of Strasbourg, this research establishes the extent of possible restrictions that could be applied. It demonstrates that European Convention law applies in a specific manner to State agents and its dismembering. By analysing the fundaments of European Convention law and studying it empirically one is able to identify and determine a common law pertaining to fundamental professional rights and freedom in defence of the civil servant throughout his/her career. This new legal ground has an impact on French civil service law. It is gradually replacing constitutional, legislative and regulatory sources for civil service legislation. Legal texts are being interpreted differently by people using different strategies. As a result we note changes in civil service law particularities : progressive processing of staff management within the civil service as well as formal and material evolvements of the administrative legislation applicable to civil servants. As far as fundamental rights and professional freedoms are concerned, ordinary law is now setting a new juridical framework for civil service
Castella, Cécile. "Souveraineté de l'Etat et pouvoir de punir". Toulouse 1, 2009. http://www.theses.fr/2009TOU10009.
Testo completoFacing the development for the international standards, the sovereign State would no longer control his power to punish. Nevertheless, we could have expected that the criminal law, the royal prerogative, resists to this intervention of the international standard. It is not the case : the power to punish is not particularly protected. On the contrary, it even appears to be a ground of preference on which grow the international standards. International criminal courts, European warrant for arrest, European law, human rights, harmonization of the repressive rights seem to question the intimate link uniting power to punish and sovereign State. Nevertheless, the assertion seems only partially true, if we consider the sovereignty as a freedom rather than a power. The ambivalence of the international standards affecting the power to punish appears then clearly. On one hand, they affect of the freedom of the State to exercise its repressive jurisdictions. By diverse processes and acoording to various logics, they develop a form of constraint, moderate, which deprives the state authorities of a part of their discretionary power of appreciation. On the other hand, these international standards assert the sovereignty of the State because after all, they demonstrate that it finds its limits only in its own consideration. The international law expresses the sovereignty, in organizing the relations between States as well as in protecting them from each other. This demonstrates the continuity of the sovereignty, understood as the capacity, either to pratice but to have the power to punish
Lepoutre, Jules. "Nationalité et souveraineté". Electronic Thesis or Diss., Université de Lille (2018-2021), 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201174.
Testo completoThis work aims to review the relationship between nationality and sovereignty. The bond between these two legal notions has repeatedly expressed itself as an absolute power of the State to determine which individuals it considers to be its nationals. Accordingly, nationality is widely selected to exemplify a State’s power with a high (if not the highest) degree of liberty. However, does this sovereignty “dogma” in nationality law still reflect current positive law? To further contribute to the debate, this thesis needs to examine – through a study of French domestic law, European laws, and International law – both the scope of the State’s jurisdiction and the discretion of its power. Then, results show that nationality law, because ofhistorical developments and contemporary transformation, is no longer able to express itself as a sovereign power. The connexion of nationality with the territory, its integration in the field of human rights, and the growth of judicial review are altogether eroding and erasing the State’s freedom to grant, deny or revoke nationality
Lepoutre, Jules. "Nationalité et souveraineté". Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D007/document.
Testo completoThis work aims to review the relationship between nationality and sovereignty. The bond between these two legal notions has repeatedly expressed itself as an absolute power of the State to determine which individuals it considers to be its nationals. Accordingly, nationality is widely selected to exemplify a State’s power with a high (if not the highest) degree of liberty. However, does this sovereignty “dogma” in nationality law still reflect current positive law? To further contribute to the debate, this thesis needs to examine – through a study of French domestic law, European laws, and International law – both the scope of the State’s jurisdiction and the discretion of its power. Then, results show that nationality law, because ofhistorical developments and contemporary transformation, is no longer able to express itself as a sovereign power. The connexion of nationality with the territory, its integration in the field of human rights, and the growth of judicial review are altogether eroding and erasing the State’s freedom to grant, deny or revoke nationality
Zoubeidi-Defert, Yanis. "La liberté des partis politiques : entre souveraineté et État de droit". Besançon, 2008. http://www.theses.fr/2008BESA0003.
Testo completoAt first glance, political parties' freedom appears to be an obvious notion in modern democraties. Yet, the ideological bases on whitch they rely have by essence been factor likely to question the socio-political reality. Thus, political partie's freedom was margenalized. The integration of political pluralism by society allowed the understanding and the acceptance of their going through tensions that parties have crystellized. And the political monis of sovereignty is contrebalanced by pluralism
Daugeron, Bruno. "La notion d'élection en droit constitutionnel. Contribution à une théorie juridique de l'élection à partir du droit public français". Paris 10, 2009. 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%3D86.
Testo completoAll the indications are that legal practitioners are fully familiar with the notion of election due to its close association with multiple concepts of constitutional law: politics, democracy, representation, universal suffrage, power, legitimacy, citizenship, authority, majority, responsibility, etc. , so many evocative terms which structure constitutional theory and practice. However, the question remains as to whether these associations are well founded? What does an election express? The will of the people? But is it not simply an expression of what others want on the people's behalf? Does it have a function in the theory of the State? Viewed from the standpoint of constitutional law, the questions raised by the notion of election no longer merely feature among the standard topics of political science such as access to the vote and the conditions of its exercise, dimensions within which it is all too often imprisoned. It highlights key issues which go beyond those of electoral law alone to touch on the fundamental concepts of the theory of law and the State: the people, the manifestation of its will, the exercise of its sovereignty, the legitimacy of its power, the opposition of representation and democracy. Legal analysis of election, for so long neglected, even constitutes a prerequisite to a more general consideration of political institutions while, at the same time, raising the question of the legal nature of political phenomena, that of the origin of consent to power and the history of its transformation
Pinilla, Erwan. "Données de santé, dynamiques et enjeux de souveraineté". Electronic Thesis or Diss., Strasbourg, 2023. http://www.theses.fr/2023STRAA015.
Testo completoAim of this research is to identify the dynamics of “health data” in the field of digital sovereignty: who can use it to describe and explain situations, predict trends, and induce individual and/or population, or even States, behaviours ? What is – and should be legally protected, and how ? We here report on and analyze the overflowing of historical approaches to regulation, due to the diversification of players, techniques and uses ; the multiplication of data sources and their dissemination, the shaking of legal categories despite their recent establishment ; the porosity of national and joint systems, due to conventional or agressive interactions. As a result, we analyze the accelerated advent of new rules at European level in traditionally regalian fields of cyber infrastructure, qualifications (data, technologies, uses), and mutual guarantees against interferences. Other challenges call for in-depth insight (such as reidentification & synthetic data), in an era where for long technological domination is no more a prerogative of States, and where geopolitics has been extended by new tools and practices
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.
Testo completoBoroumand, Ladan. "L'Homme sans souveraineté : droits de l'homme et droit de la nation dans les assemblées de la Révolution française, mai 1789 - juillet 1794". Paris, EHESS, 1995. http://www.theses.fr/1995EHES0035.
Testo completoTo analyse the relationship between the natural rights of man and the nation's sovereignty during the revolutionary period, is what this work aism at. The point is tho follow the debates of the revolutionary legislations caught in the entanglement of the tension caused by the simultaneous consecratiion of the natural right of the individual and the sovereignty of the nation. We must examine how day after day, as the revolutionary event take shape, the regation of individual preedom is conceived an justified in their minds then realised in the legislation, in the name of the general will also called nation's sovereignty. In other terms, how men realise this paradox, if is one, how they represent to themselves the mining and reasons of their attitudes. How in their every day political life, do they justify and manage, ideologically, this paradox ? we do not pretend to provide a global interpretation of the historical experience of the french revolution or to reveal its general truth but to grasp a partial limited fragment of it which is its theoretical and doctrinal dimension
Baghestani-Perrey, Laurence. "Le titulaire de la souveraineté nationale et son exercice dans la jurisprudence du conseil constitutionnel". Dijon, 1996. http://www.theses.fr/1996DIJOD009.
Testo completoThe analysis of the particular issue of determining the holder of sovereignty in the state results in a clear conclusion. There has always been, in our institutions, a single holder of sovereignty. The jurisprudence of the constitutional council did not fail to uphold this legal principle by confirming the exclusive sovereignty of the French people as provided for by article 3 paragraph 1 of the October 4th, 1958 constitution. The constitutional council is, in this respect, an indispensable instrument to ensure that the principle of the sovereignty of the people, which is of national importance, is respected. Thus, no infra-national or supranational authority can be entrusted with the right to exercise sovereignty unless the sovereign (the constituent power) decides otherwise. The fact of postulating the existence of a sovereign in the internal juridical order precludes the immutability of any principle having constitutional value. The principle of national sovereignty can therefore be altered the better to meet institutional and political requirements
Noblecourt, Virginie. "L'état-nation et la supranationalité européenne en droit constitutionnel français". Nancy 2, 2002. http://docnum.univ-lorraine.fr/public/NANCY2/doc142/2002NAN20001.pdf.
Testo completoAt the threshold of the 21st century European Union gives a renewed sens of the concept of supranationality. This concept, basic aspiration as well as a perfectible principle of which end is integration, constitutes a dominant feature of European framework reflecting its sui generis nature. The concept of supranationality presupposes a complete legal system superposed to that of other member countries expressing the will peculiar to European identity. It is via the coming together of the States which this concept creates, that it reveals a social solidarity propicious to the development of a public system of values and to the advent of a global support that the organization needs to bloom. The original aspect of the supranational nature, as a new form of political organisation, is mainly the result of the relationships it has with States, and furthermore, with the individuals who are its subjects and whose common good is its objective. It is in European commitment the Nation-State finds the means of reinforcing itself. The constitutionalisation which brings to light the double aspect of the concept of national sovereignty, renders the State a mere instrument in the service of the nation. The Nation-State endows a status, which constitutes a kind of supranational conditioning, that proves the compatibility of the two legal systems. The adaptability shown by the Nation-State is by no way a sign of atrophy of its original principle of unity. The constitutional integration of supranationality gives the opportunity of consolidating its essence while reasserting the intangibility of its political unity. The respect of national membership and of the link between an individual and its nation seem to be the primary conditions on which depends the efficiency of the supranational traits. The individual, who is the ultimate subject of the supranational action as well as the source of its legitimacy, is the one through whom European organisation finds its raison d'être
Page, Jeanne. "Du partage des compétences au partage de la souveraineté : des territoires d'outre-mer aux "pays d'outre-mer"". Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32006.
Testo completoBarthélémy, Claire. "Régionalisme et institutions territoriales dans l'Union européenne : Belgique, Espagne, France, Italie, Royaume-Uni". Paris 1, 2006. https://acces-distant.sciences-po.fr/http/www.harmatheque.com/ebook/le-regionalisme-institutionnel-en-europe-droit-compare-en-belgique--espagne--italie--royaumeuni--france.
Testo completoPavesi, Jérôme. "L'immeuble des non-résidents et l'impôt français". Nice, 2003. http://www.theses.fr/2003NICE0002.
Testo completoThe taxation of non-residents, real estate owner in France, has a real importance because in spite of a premius view of an exceptional operation, the foreigner real estate became a very considerable activity. The real estate taxation of non-residents has demonstrated, very quickly the weakness of the taxation of person non-resident in France. So, Inland has recommended to elaborate a specific taxation. On most of the points, he wants to impose the non-residents with the best efficacy. The methods are often the takings on the taxation on the value of real estate in France. And, the legislator has created taxes notions as predominantly real estate which aim is to avoid the Inland to be deprived of the tax's right. In the conflict between the Inland and the non-residents, it results that the real estate taxation of the non-resident is in a constant evolution as far as they can avoid the application of disadvantageous laws and it contribute to change the law
Laporte, Cécile. "Le contrôle de conventionnalité par le juge administratif français". Nice, 2005. http://www.theses.fr/2005NICE0033.
Testo completoSince the 4th Republic, France has adopted a monist system and as a result the administrative judge as never hesitated to enforce the law resulting from treaties on administrative acts and earlier laws. However, for a long time, he has been reluctant to recognise its superiority over subsequent laws. Fifteen years after the constitutional Council's invitation and the reversal of the jurisprudence of the Supreme Court of appeal which immediately followed, the Council of State considered itself competent to make of article 55 of the constitution fully effective. The control of conventionality which originated from the " Nicolo " decree has thus marked a major break in France's traditional institutional structure. On the one hand, it participates in the modification of the administrative judge role constitutive of a rebalancing of powers notably when compared to law understood as the expression of general will. On the other hand, it leads to disruption in the order of importance of standard, in spite of certain resistance to fully establish the supremacy of external law over national law. At the same time actor and bystander, the Council of State is at the heart of the State's transformation brought about by the control of conventionality
Moulin, Paul. "Le principe de mutabilité en droit administratif". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0076.
Testo completoThe principle of mutability was identified by Louis Rolland in the 1930s a one of three key laws governing public services. Since then, its autonomy has been a subject of debate, particularly regarding its relationship with the law of continuity. lts application has largely been confined to public services and contracts, and both its normative value and naming have faced scrutiny. To overcome these challenges, this thesis offers a comprehensive, normative, and formal perspective on the principle of mutability, which posits that public authorities must have the ability to alter the legal order. lt shows that the adaptability of administrative actions and contracts evolved from sovereignty theory, influencing the structure of state authority in administrative law. Refined by public service theories, the principle of mutability is currently experiencing renewed growth, driven by the resurgence of the traditional state model and its need to adress contemporary economic, social, and environnmental challenges. Consequently, this thesis advocates for better oversight of actions that deviate from established public interest goals and a reassessment of the balance between mutability and legal certainty. This aims to facilitate necessary adjustments by public authorities while effectively safeguarding citizens' rights and investments. Therefore, the principle of mutability stands out as a key principle for future developments in administrative law
Quesnel, Martin. "La protection de l'identité constitutionnelle de la France". Versailles-St Quentin en Yvelines, 2013. 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%3D7982%26nu%3D27%26selfsize%3D1.
Testo completoWhile being enigmatic, the notion of «constitutional identity» of France brings up issues largely exceeding the sole items related with the French Constitution characteristics. It gets back indeed to the theory of state and from what constitutional power is made of when being adapted to European integration characterizing both the national constitutional basis and the contentious dimension of the supreme norm, the constitutional identity is a «case law» concept aiming to solve conflicts between norms inherent in the European integration. By defining the constitutional identity as an attribute of a member State of the European Union, the Conseil constitutionnel contributed in a major way on how to modelize interactions between systems. This notion now helps to further clarify the European construction with the adaptation of the State's theoritical foundations in relation with its changing institutional environment
Dia, Alassane. "Le principe de consultation en droit public comparé : l’exemple de la France et du Sénégal". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10021/document.
Testo completoThe principle of consultation is a concept that claims to be innovative because it is understood here in a wide view referring not only to decision-making consultations but also to propositional ones. On account of its universal scope, it is the subject of this study. The idea is to attempt to ponder on likely solutions to the representation crisis while insisting on the adoption of the legal norm to the social and historical realities of every country. This explains the adoption of a comparative approach of the topic which includes the example of France and Senegal. Decision-making consultations are related to the election and referendum. The election appears to be compulsory in its target to set up representative democracy but is defective in its effect generating the concentration of the power in the hands of the executive. This concentration is likely to lead to the adoption of illegitimate and inefficient public decisions. As for the referendum, it seems necessary in its aim to rationalise the representative system. But the referendum is redoubted in its harmful effects on individuals’ rights and liberties and on the separation of powers. Propositional consultations are supposed to solve the legitimate and efficient crisis of public decisions in requiring a public, legal and technical obligation of consultation with the use of electronic and institutional methods. However, to rationalise the representative system, without breaking its existence, the obligation of taking into account point of views would be an additional element which should be, nevertheless, superseded by the obligation to motivate except for the period of exceptional circumstances. Consequently, as studied in the light of this compared public law, the principle of consultation enables us to understand that as far as the adoption process of major public decisions is concerned, either the public authority or the expert even less the public seem to inspire absolute confidence. So, it would be necessary to establish a fair collaboration between those different actors so that the legal norm could not suffer from major questioning likely to imperil the relation between rulers and citizens, and as a result, imperil as well civil liberties, and political and individual rights
Taillon, Patrick. "Le référendum expression directe de la souveraineté du peuple ? : essai critique sur la rationalisation de l'expression référendaire en droit comparé". Paris 1, 2010. 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%3D7982%26nu%3D16%26selfsize%3D1.
Testo completoGiba, Marián. "Approche comparative des constitutions française et slovaque dans le contexte de la construction européenne". Paris 2, 2010. http://www.theses.fr/2010PA020072.
Testo completoBlua, Nathalie. "Le contrôle de conventionnalité : l'évolution jurisprudentielle". Nice, 2005. http://www.theses.fr/2005NICE0003.
Testo completoFor a long time, the Council of State has incarnated the symbol of resistance as well as the principal opponent of European construction. However, it decided to adopt a different theory, known as the theory of rallying, which led to a kind benevolent reading of the relations between the administrative judge and the European judge. The break between the two periods was consumed the day of the reading of the Nicolo decree of October 20, 1989 as the Council of State affirmed for the first time the superiority of the International Conventions regularly built-in in the national law on all the posterior laws. The stake of the control of conventionnality is situated at the legal and political level as the administrative judge is offered new challenges which fully propels him in the legal order instituted by the European Convention of the humans right and in the Community legal order. This is a real paradox even though some clashes still exist, in particular as far as the diminution of national sovereignty is concerned
Nguyen, Thi bich le. "La fondation philosophique de l’Etat de droit en France avec Montesquieu et Rousseau, et, son rôle dans la construction actuelle d’un Etat de droit socialiste avec l’exemple du Viet Nam". Electronic Thesis or Diss., Paris 8, 2016. http://www.theses.fr/2016PA080042.
Testo completoIn the history of philosophical ideologies of humanity, the French political philosophers of the eighteenth century had a decisive importance, especially Montesquieu and Rousseau, not only in the founding of the republic in France but also for their contribution to the definition of the Rule of law or legal state. These two thinkers are of central interest to understand their evolution of political concepts, because of their major ideological contributions to the determination of the State power and the Rule of law. Likewise, their influence has been extended through the time until our days, playing a big role in the configuration of a legal state in Vietnam. This thesis aims to illuminate this role
Ali, Abdallah Ahmed. "Le statut juridique de Mayotte. Concilier droit interne et droit international ; réconcilier la France et les Comores". Thesis, La Réunion, 2011. http://www.theses.fr/2011LARE0015.
Testo completoThe case of Mayotte has been extensively studied. However unresolved issues regarding the legal status of the territory persist, owing to Mayotte belonging to both the Comoros and France. This study examines how the legal status of Mayotte can reflect its double identity. To answer this question, it is necessary to envision two complementary aspects of the problem: is Mayotte immune from international law? The answer is no; does Mayotte fall exclusively under French law? Again, the answer is no. This thesis reveals the opportunity for Mayotte to define itself both as an international and as a French Comorian territory. Embracing its international vocation, Mayotte would move beyond the statu quo that stems from the territorial dispute between France and the Comoros. The current situation is the symptom of an antagonism between international and domestic law which explains the absence of discussion over the case of Mayotte. The Comoros promotes international law whereas France is in favour of internal law. There are two main international law solutions: a strict one, by the application of the principle of “uti possidetis juris”, in other words the unification of Mayotte territory with Comoros. The second solution is an innovative one which would consist in a French-Comorian shared sovereignty concerning Mayotte. Considering political forces, it does not seem easy to implement international law solutions. Also, in a modernized perspective, the thesis of maintaining a French Mayotte island is to be promoted. This could eventually be the solution of internal law and international law. French-Comorian purpose about Mayotte means that the maintaining of a French Mayotte island should be thought in terms of a double belonging. The renunciation, accepted by the Comorian state, should have to be associated with a strong bilateral international cooperation. That is why the status of Mayotte also has to be thought in terms of a double identity. In these conditions, a real dialogue can be established between France and the Comoros about a French Mayotte. Thus, long-standing talks are possible because none of the protagonists will be given exclusive satisfaction. Even though the internal law and international law dialogue encourages French interests, the dialogue which follows has to satisfy both parties. Thus, to answer the questions raised by our problematic, we have divided our study into two parts, the first one is devoted to the international purpose of Mayotte’s status and the second one deals with its French-Comorian purpose
Chicot, Pierre-Yves. "L'affirmation juridique de l'exercice de la compétence internationale locale : l'exemple de l'action extérieure des départements-régions français d'Amérique". Caen, 2002. http://www.theses.fr/2002CAEN0063.
Testo completoNguyen, Thi bich le. "La fondation philosophique de l’Etat de droit en France avec Montesquieu et Rousseau, et, son rôle dans la construction actuelle d’un Etat de droit socialiste avec l’exemple du Viet Nam". Thesis, Paris 8, 2016. http://www.theses.fr/2016PA080042.
Testo completoIn the history of philosophical ideologies of humanity, the French political philosophers of the eighteenth century had a decisive importance, especially Montesquieu and Rousseau, not only in the founding of the republic in France but also for their contribution to the definition of the Rule of law or legal state. These two thinkers are of central interest to understand their evolution of political concepts, because of their major ideological contributions to the determination of the State power and the Rule of law. Likewise, their influence has been extended through the time until our days, playing a big role in the configuration of a legal state in Vietnam. This thesis aims to illuminate this role
Sterck, Julien. "Identité constitutionnelle des États membres et primauté du droit de l'Union européenne : étude comparée de l'Irlande et de la France". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40009/document.
Testo completoComparing the Irish and French legal orders leads to describe the appraisal of the primacy of European Union law by the notion constitutional identity. In contrast to the claims of the European Court of Justice, the constitutional regime regarding European rules, both in Irish and French law, only provides for immunity and ultimately affirms the supremacy of the Constitution as the norm expressing national sovereignty. Still, Irish and French courts display a conciliatory attitude focused on aligning the material content of domestic and European norms. Rather than essentialism, the notion of constitutional identity represents a discourse on the Constitution whereby the identity status qualifies those constitutional norms which can defeat constitutional provisions dedicated to the prevalence of European rules as a result of an interpretative balancing process.While manifesting different affirmations of national sovereignty, the common objective of Irish and French courts is attaining increased control of the application of European Union rules. The institutional dynamics distinguishing the notion of constitutional identity as an interpretative process involve both an empowerment of the judiciary and a specific form of dialogue with the European Court of Justice regarding the conciliation between the primacy of European Union law and the supremacy of the Constitution. Judicial monologues protecting constitutional identity mean possible exclusions of the domestic application of European law and constitute an invitation to the European Court of Justice to agree to a peaceful co-existence of the two legal orders defined as a unity of words with a diversity of meanings
Grémare, Benoit. "L’arme nucléaire française : aspects de droit public". Thesis, Université de Lorraine, 2020. https://docnum.univ-lorraine.fr/ulprive/DDOC_T_2020_0193_GREMARE.pdf.
Testo completoIn France, nuclear weapons remain an essential strategic stake for the power of the State and the prerogative of its sovereignty through the credibility of its discourse of deterrence. While in international law, its statute and its normativity generate disputes relating to its legality of use and its legitimacy of existence, the French nuclear weapon embodies the life insurance of the Nation in the event of a serious crisis. Responding to the needs of a new era, it partly determines the state apparatus, adapts to societal and international developments. As such, the Constitution being a prescriptive set of norms which govern the institutions, attribute competences, fix the procedures, it also proceeds by affirmation on the nature of the regime, leading to publicly consecrate this consensus on nuclear weapons. But although subject to customary consensus, the French nuclear weapon is limited to a material means serving the Constitutional issue of National Independence, the effectiveness of which remains limited. Going beyond this limit requires systemizing the French nuclear weapon by taking up its original concept of "strike force" which, instituted at the time on a Constitutional basis through military program laws, takes over from this sovereign mission essential to sovereignty which corresponds to ensuring the defense of the Nation, preserving its independence and ensuring its institutions. Nuclear law is positive and to imagine a strike force empowered by the Constitution to defend vital interests as a palliative for general mobilization is to describe a state of affairs expressed in the form of imperative to remain binding. The inclusion of the concept of strike force in the Constitution would make it possible, in addition to securing the nuclear deterrence strategy beyond political contingencies, to confirm its normative dimension and its Constitutional essence. Unheard of in the legal history of concepts, this anticipation by the legislator would provide sustainability regardless of technological developments and would lead to an adaptation of the French nuclear doctrine, the sovereign requiring a strike force capable of preserving its constituents and their vital national interests, while by integrating the European dimension. Insert the strike force in the Constitution would allow nuclear weapons to be consecrated as one of the sovereign means serving the Constitutional objective of National Independence
Le, Verge Matthieu. "Les règlements intérieurs de la Chambre des pairs et de la Chambre des députés sous la Restauration : la souveraineté des Chambres entre 1814 et 1830". Thesis, Angers, 2018. http://www.theses.fr/2018ANGE0064.
Testo completoThe Constitutional Charter of 4 June 1814 results from King Louis XVIII’s free will and states in its preamble that “the entire authority [lies] in the King’s person in France” which means to expressly recognize his full sovereignty to the exclusion of any other entity. Even if restoring an absolute monarchy is out of the question – as the King accepts to limit his powers in the context of limited monarchy – these limits exist, in theory, only within confines set by the King himself. Therefore, both Houses, the House of Peers and the House of Deputies, cannot, at first sight, claim the exercise of any sovereignty in their internal legal order, considering they hold their power from the Constitutional Charter. However, as under the terms of article 15 of the Constitutional Charter, both Houses collectively exercise “legislative power” with the King, it must be recognised that they mediately hold a portion of sovereignty. For this reason, they are not constituted bodies like the others, and their deliberations are essential in accordance with their constitutionnal powers. The scop of their respective Rules of Procedure, as well as the additional practices which may result therefrom, is far from insignificant, and it would be wrong to reduce all these rules to mere internal police measures. Indeed, in practice, both Houses freely and widely interpret the texts, in particular the Constitutionnal Charter, which allow them to draw up their own parliamentary legal order with much more freedom than one might think
Marc, Nicolas. ""Enjeux d'appropriation de l'espace aérien en France et en Europe : vers une territorialisation spécifique". Phd thesis, Université d'Angers, 2014. http://tel.archives-ouvertes.fr/tel-01067892.
Testo completoDupéré, Olivier. "Le fédéralisme normatif en droit constitutionnel français : l'alinéa 15 du préambule de la constitution du 27 octobre 1946 : (l'influence de la pensée juridique de Georges Scelle sur les constitutions françaises de 1946 et 1958)". Bordeaux 4, 2010. http://www.theses.fr/2010BOR40065.
Testo completoThis doctoral thesis seeks to demonstrate that since the Constitution of 27th October 1946 has come into force, French Constitutional Law has been affected by the fundamental re-assessment of the Revolutionary Constitutional legacy, to which the 15th paragraph of the preamble of the said Constitution is dedicated. This clause proves to be a constitutional clarification of a principle which stems from the legal theory of George Scelle: Normative Federalism, or more specifically the object of substitution of any form of inter-state legislative consent. Therefore, this principle conveys a renewed understanding of the heart of the Revolutionary Constitutional legacy. Firstly, after having reined solely and at length at the foundation of the French Republic, the principle of national sovereignty henceforth finds itself considered a mere element inherent to the principle of the Separation of Powers necessary for the guarantee of Rights – that is to say to the principle of the Constitution as stated in Article 16 of the Declaration of 1789. Secondly, and above all, this principle of the Constitution is no longer deemed to determine the solely national legal universe, but also any inter-state legal universe. “Political Law” and the “Law of Nations” thereby share a common foundation. The 15th paragraph of the Constitution of 27th October 1946 has therefore given rise to a restructuring on a grand scale, influenced generally speaking by the singularity rapidly acquired by three basic Constitutional structures whose relations are conceived at the heart of a “Republican” system of “consent” with “limits to sovereignty” within which the said clause constitutes the foundation
Regad, Caroline. "Théoriser l'Etat, mesurer l'absolu : les juristes de Louis XIII et de Richelieu". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1059.
Testo completoMeasuring the absolute: it is through this concept that the jurists of Louis XIII and Richelieu significantly contributed to the elaboration of a State based on the rule of law. The successors of the Légistes and the Politiques defined the foundations, criteria and limits of this notion of absolute, which they now had to measure. Being at the heart of the process, sovereignty was used as a genuine weapon. Throughout the first half of the reign, sovereignty, in its defensive sense, combined both the ideas of unity and independence. However, as of 1630, sovereignty became more offensive in nature in response to political radicalisation. Internal sovereignty thus followed its course, explicitly adding the concept of indivisibility to the structuring principle of unity. External sovereignty, on the other hand, underwent major changes: self-construction could no longer rely solely on implicit differentiation with others and it now implied having claims over other States. In doing so, internal and external sovereignty merged into souveraineté-puissance more so than into souveraineté-liberté; bearing in mind that today, the former refers to internal affairs and the latter to foreign affairs. It was not until 1648 and the peace treaties of Westphalia that interstate relations manifested a desire of stability. In other words, if the State emerged against other State entities, it grew stronger alongside them, within a pacified context. The affirmation of souveraineté-puissance depended on the prior constitution of a civil trinity of sorts, made-up of the now strengthened king, sovereignty and the State
Déchaux, Raphaël. "Les normes à constitutionalité renforcée : recherches sur la production du droit constitutionnel". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32074.
Testo completoJudicial review of constitutional amendments is not yet accepted in France. The legal community quasi-unanimously agreed on that solution since the early days of the III Republic. In its decision dated from march 26th, 2003, the Constitutional Council has explicitly denied its power concerning constitutional amendments. In view of the situation in neighboring countries Germany and Italy, the French situation remains singular, if not exceptional.The Constitution contains a provision which cannot be amended. Article 89 para 5 thus states: The republican form of government shall not be the object of any amendment.” Far from the debate on supraconstitutionaliy, it is therefore possible to envisage a specific action of constitutional amendment, based on the Constitution itself. These norms are called constitutionally enforced. The idea is to determine whether a hierarchy exists between “enforced constitutionally norms” and “simple constitutionally norms”. This research must be conducted under a positivist and kelsenian approach. It demonstrates that the constituent power creates specific norms that the amending power, along with all delegated power must respect. It should then be assessed if this theory is effective. The analysis of “constitutions changes” during constitutional transition reinforces the theoretical analysis. Comparative constitutional law studies demonstrate that judicial review of constitutional amendments is not a “Government by judiciary”; it further advances the rule of Law
Andres, Hervé. "Le droit de vote des étrangers : état des lieux et fondements théoriques". Phd thesis, Paris 7, 2007. http://www.theses.fr/2007PA070001.
Testo completoOverview on social, demographical, juridical and political issues of voting rights for resident aliens. The research is mainly grounded in France, but a global overview of the current law is provided. At least one third of the countries in the world are experimenting alien voting. So this practice cannot be seen as an utopia. But it is also always limited. The paradigm reserving voting right to State nationals is still resisting. The study of French current law, and of its internal contradictions, reveals that the fundamental issue is political. The political debate is analyzed from historical point of view, and also with a study of the arguments and of a press corpus. The current debate in USA is also studied. The global overview reveals an opposition between two logics: domination and exclusion against emancipation and openness. The theoretical reflection mainly purposes the issue as contradiction between democracy and sovereignty. The conflict on resident alien voting right expresses in citizenship / nationality dialectics, and can also be interpreted as politics I police opposition (Rancière). It is not only an issue of designing the political community boundaries, but also of the whole conception of the community and of the politics
Lecoq-Pujade, Benjamin. "La naissance de l'autorité de la représentation nationale en droit constitutionnel français (1789-1794)". Thesis, Lyon, 2019. http://scd-rproxy.u-strasbg.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%3D238%26selfsize%3D1.
Testo completoThe place and the contemporary role of Parliament in French institutions lead to question the nature of the traditionally recognized authority of national representation. The objective of this research is to analyze the revolutionary origins of French constitutional principle which consists in seeing, in the assembly of representatives of the Nation, the heart of a politicial authority whose source is the representative expression of the general will. The French Revolution has long appeared as the matrix moment of modern constitutional law and constitutionalism in France. However, unlike its predecessors in England and North America, it was less intended to limit power than to regenerate both its foundation and exercise. In this respect, it presents itself to constitutional law as a revolution of authority, that is to say as a total upheaval of the foundations of political existence tending to replace the old monarchy, traditional and sacral, with a modern constitutional order based on the equal freedom of citizens and the natural autonomy of national community. The great work of the French revolutionaries was, therefore, to redefine the relation of command to obedience by substituting the transcendent authority of the monarch, by the immanent authority of a Nation, which materializes itself through its representatives. It is in fact through the lens of representation that the Revolution undertook to reconcile authority and freedom. The advent of the national rpresentation, destined for a long time to become the center of gravity of French political life, finds its origin in this desire to refound the obligation of obedience through the conjunction of individual autonomy and collective autonomy. This liberal and emancipatory project, which consists in realizing the nation’s grip on itself through representation, nevertheless suffers from a congenital ambivalence due to the contradictory aspirations of revolutionary constitutionalism. It is divided between the need to justify the subversion of the old order, and the desire to establish for the future a liberal and temperate government, tending to rationalize and depersonalize public authority. The institution of national representation, produced and generated by the Revolution, crystalized this tension. The work of the Constituent Assembly and the National Convention reveals that the revolutionary constituents have constantly oscillated between two conceptions of representation and constitutionalism. One, modern, relies on the otherness of the Nation and its representatives to place the Constitution and the guarantee of rights above the authority of the latter. On the contrary, the older one tends to symbiosis with it by basing the authority of national representation on an existential imperative: to give life to this sovereign nation which can only come to legal existence by the expression of a common will. Revolutionary constitutionalism therefore remains in the middle, stuck between the organicist tradition of the Old Regime, in which it has its roots, and the outline of a modern constitutionalism tending instead to dissociate the state and the society, as well as authority and freedom
Schulz, Daniel. "Verfassung und nation : formen politischer institutionalisierung in Deutschland und Frankreich von der Französischen revolution bis zur europäischen integration". Paris, EPHE, 2003. http://www.theses.fr/2003EPHEA002.
Testo completoRobert, Eric. "Eléments d'une théorie de la frontière appliqués au droit fiscal". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020046/document.
Testo completoEven though its disappearance seems to be predictable, at least within the European Union, the legal notion of “Border” remains subject to a high degree of uncertainty. No general definition which combines clarity and precision, has been formulated on this matter yet. Therefore, time has come to provide a rigorous “definition” of this limit which separates the territories of the states. In other words, an attempt to theorize the notion of “Border” will be carried out in this book. The choice of a theoretical approach does not necessarily imply, however, to undertake a study remote from reality. To the contrary, an appropriate definition must be based on empirical data: selected matters among the huge amount of information available will be, as a result, the main source of this work. Among them, tax law (domestic, European and international) will play a key role due to the personal background of the author. The latter, however, did not forget to cover other disciplines. A wide-ranging scope is necessary where the objective is to reach the irreducible gist of a legal notion: International Public Law, Private International Law, Political Science as well as Sociology will be dealt with in this book. Two distinct functions (meanwhile complementary) will immediately be identified as the main components of the notion of “Border”: the dividing line, seen as impenetrable under International Public Law, that separates the territories of the States on one hand (so-called "international border"), and the permeable filter which regulates by way of discriminatory rules the movements (e.g. goods, persons, rights, values) between the states on the other hand (so-called “obstacle-border"). Due to limited time and space, however, this book will only focus on the first component, namely the international border. A study of its functions (i.e. what is the purpose for the impenetrability of the border?), will be followed by a study of its object (what is the scope of the impenetrability of the border?). The study of the functions will demonstrate that the international border, as a cause and a consequence of the principle of territorial exclusivity (i.e. monopoly of violence within the territorial borders), has strong ties with the concept of “Modern State”. Moreover, many fundamental notions generally attached to modern statute law (e.g. coercion, sovereignty, legal dualism) will be reconsidered in the light of this principle of impenetrability. Further, the analysis of the object of the international border will enable the author to eliminate certain jeopardizing uncertainties. Among others, the issue concerning the existence (or not) of a kinship between the “Border” and the territoriality of the law (including Power to Tax) will eventually be resolved: the territoriality principle, irrespective of its forms, is not an appearance (neither a component) of the international border. All activities undertaken by a state (i.e. legislative and executive powers), therefore, are not forced by law to be circumscribed to the territorial limits of that state. Only the core of the Imperium of a Modern State, that is to say the coercive power itself, seems to be subject to the impenetrability of the Border. In short, this book does not provide for (and is not aimed at) a general and all-comprehensive theory on “Borders”. Some of the major features of the latter are, however, clearly characterized herewith in order to provide the reader with another tool to scrutinize positive law
Forcadet, Pierre-Anne. "Conquestus fuit Domino regi : Etude sur le recours au roi de France d'après les arrêts du Parlement (1223-1285)". Electronic Thesis or Diss., Orléans, 2012. http://www.theses.fr/2012ORLE0002.
Testo completoThe rich and complex « Saint Louis’ Century » is a time of development of a hierarchical and professional royal justice. Hundreds of Masters are trained at the Universities. The king’s Court regularly assembles in Paris during sessions « in parlemento ». The monarchy adopts several reforms allowing an easier access to justice. The recourses are also carried against the king himself and the exactions of his agents. There are so many different types of recourses that the concept of responsibility of the royal administration seems to appear.On the other hand, an important part of the litigations is raised by men against their laïcs or ecclesiastics lords. Royal justice settles as a regulator of the feudal relationships. The judiciary appeal to the Parlement is becoming usual against the other justices. Indeed, it contributes to give concrete expression to the superiority of the king’s justice, which is now called, in French « souveraineté ».By acculturation, the demand and the supply meet and tend to dedicate royal institutions to an « ordinary court ». There are a lot of resistances from other judges, but the curia regis receives and judge impartially these complaints too, which contribute to set of a State under the rule of law
Forcadet, Pierre-Anne. "Conquestus fuit Domino regi : Etude sur le recours au roi de France d'après les arrêts du Parlement (1223-1285)". Thesis, Orléans, 2012. http://www.theses.fr/2012ORLE0002.
Testo completoThe rich and complex « Saint Louis’ Century » is a time of development of a hierarchical and professional royal justice. Hundreds of Masters are trained at the Universities. The king’s Court regularly assembles in Paris during sessions « in parlemento ». The monarchy adopts several reforms allowing an easier access to justice. The recourses are also carried against the king himself and the exactions of his agents. There are so many different types of recourses that the concept of responsibility of the royal administration seems to appear.On the other hand, an important part of the litigations is raised by men against their laïcs or ecclesiastics lords. Royal justice settles as a regulator of the feudal relationships. The judiciary appeal to the Parlement is becoming usual against the other justices. Indeed, it contributes to give concrete expression to the superiority of the king’s justice, which is now called, in French « souveraineté ».By acculturation, the demand and the supply meet and tend to dedicate royal institutions to an « ordinary court ». There are a lot of resistances from other judges, but the curia regis receives and judge impartially these complaints too, which contribute to set of a State under the rule of law
Wlazlak, Anne. "L'influence de la construction communautaire sur la constitution française". Phd thesis, Université d'Avignon, 2013. http://tel.archives-ouvertes.fr/tel-01059135.
Testo completoDuclos-Grécourt, Marie-Laure. "L'idée de loi au XVIIIe siècle dans la pensée des juristes français (1715-1789)". Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3001.
Testo completoAlso called men of law, jurists had a natural passion for this source of law in the eighteenth century, taking part in the legal and political debate of this century. If they used the traditional distinction between natural law and positive law, they mainly developed the latter, being the witnesses and the actors of the secularization and the rationalization of the legal order. Criticized for its divine foundation, the natural law lost its paradigmatic aura ; human reason was enough to understand it and to establish the positive law. The latter asserted itself on the face of the other sources of law as the expression of the royal will and as the means of the legal system unification against a controversial legal pluralism which was nevertheless persistent. However, as despotism struck this century, and especially the second half, the royal will was feared because of possible arbitrariness. The law, as its expression, should be placed under supervision. Jurists thus campaigned for the instauration of a judicial review of law conformity with extensively considered reference standards. The emergence of the nation, new political actor invigorated by the States General being called, renewed the debate. The nation claimed sovereignty and received legislative power, and the law, from now on conceived as the expression of the general will that connected individuals and the nation, led the way to French people’s emancipation. The French Revolution carried out this theoretical progress and opened the door to a long reign for the law
Bergerot, Guillaume. "« Oriatur in diebus vestris justitia et abundantia pacis » : La mission de justice du roi de Louis VI à Philippe II Auguste". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020035.
Testo completoJustice, the unchanging duty of the royalship, gave to the Kings of the XII century, the ability to progressively regain their authority throughout the regnum.Louis VI, but more importantly Louis VII whose the reign should be rehabilitated, worked on it pragmatically, dealing with it like a sacred mission received during the coronation ceremony and exercised in their own way for peace. Throughout their reigns, they contributed to the splendor of the following reign of Philippe August.In 1223, royal justice was expressed clearly through the supremacy of the king over his people: his majesty. Royal justice meant more the king’s judicial function. The king had to protect right before the conflicts.The Capetians free jurisdiction extended their leadership over the kingdom, giving charters of confirmation, charters for protecting people and their juridicial acts. The Capetians were zealous in taking care of the weak, in trying hard to alleviate their plight and working for the establishment of social justice. The judicial proceedings in royal court were efficient and made the royal justice very attractive : people believed in the equity of the royal judge’s decisions.The alternative dispute resolution allowed them to restore the concord. The royal judgements showed mercy and clemency -signs of the king’s authority. However it happened he gave severe punishments based on retribution. The subjects claimed for the royal justice royal. Being concerned by their requests, the Capetians honored their royal duty and proved their ability and efficiency for governing. They infused a new political breathe which would make the royal sovereignty great again soon
Chicot, Pierre-Yves Verpeaux Michel. "La compétence internationale des collectivités territoriales françaises l'action extérieure des départements-régions des Antilles et de la Guyane /". Paris : Bagneux : L'Harmattan ; Numilog, 2005. http://www.numilog.com/bibliotheque/univ-reims/fiche_livre.asp?idprod=34116.
Testo completoSild, Nicolas. "Le Gallicanisme et la construction de l'Etat (1563-1905)". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020039.
Testo completoBy the properties that characterize it, Catholic Church is often considered, following the example of the State, as a legal system which takes place inside and outside State. Before the 1905 Act, Gallicanism struggles for independance of the Church of France and the State against papacy, encouraging Sovereign’s interventions in ecclesiastical affairs. Gallicanism can be translated in terms of relations between two legal systems, and the matter of this study is to prove this movement has been a momentum in the intellectual building of Modern State through the reflexion of french jurist from the Ancient Monarchy to the end of the 19th century. Church and State are, by many ways, concurrent systems aiming to dominate the same territory and the same subjects. Gallican thoughts present themselves like an answer to these conflicts. Canonical rules promulgated by the Pope or a Council are not self-executing, and have to be approved by the Sovereign to be Law of the State. Gallicanism build a technical discurse based on State sovereignty to preserve a french particularism against the Roman hegemonic threath. Invented to resolve conflicts of competences between ecclesiastical and State’s authorities, the procedure named « appel comme d’abus » gives exclusive power to the State to determine the extent of its competence. Furthermore this procedure subordinates Church of France to State by the judicial review of its administrative acts
Demelemestre, Gaëlle. "Les métamorphoses du concept de souveraineté (XVI ème-XVIII ème siècles)". Thesis, Paris Est, 2009. http://www.theses.fr/2009PEST1008/document.
Testo completoEven today, our political life is built on an interaction between command and submission, to which we are bound by political Sovereignty. But it is a particular form of the political power, that raised in the 16th century with Bodin’s intellectual contribution, from a precise historical juncture. How this concept, referring to the absolute and unconditional submission from the « free subjects » to the Sovereign, also pertains to modern democratic societies? Are the indivisibility and transcendence of this power appropriate to express people’s sovereignty too? Identifying a first metamorphosis of this concept is necessary, while assessing its transcription into the republican form of government set up by the two American and French Revolutions in the 18th century. Then it became relevant to question how to combine the necessary obedience to public powers with human liberty. Isn’t the obligation to submit to which we are compelled by a sovereign autority, a limitation of this liberty? Isn’t it in the nature of every power to turn abnormally large and invasive? How to ensure both the preservation of the subjective rights of the citizens and the citizen’s coexistence in a society? The study of the American Federal Republic allows us to describe the particular interaction between a certain representation of the political power’s fonctions, and an efficient enterprising social dynamic. By dividing the sovereignty, the Americans contradict one of its essential presumed features, initiating its second metamorphosis. To what extend, then, can we challenge the attributes of sovereignty, without losing the specific relation of power that its inception inaugurated
Martin, Matthias. "L'annotation des codes, étude et comparaison en droits français et monégasque". Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0352/document.
Testo completoCode Annotation is an unknown notion in French Law, although the majority of published codes have it. Toanalyze its nature and functions is consequently not devoid of interest. The use of the comparative approach isessential here. Code Annotation is better understood through comparison with code standards devoid ofAnnotation – those of the Principality of Monaco.Code Annotation is any difference, by addition or deletion, compared to the official text of the code, which addsvalue to its interpretation. It is the production of one or several annotators, who express their conceptions of theLaw, and thus it participates to the construction of Legal Doctrine. Annotation constitutes the combination oflegal texts and jurisprudential contributions, resulting in a complete presentation of the Law. Such observationscan be made in French as well as in Monegasque Law, even if the latter is characterized by national legalspecificities which restrict the current development of Annotation.By presenting all the law in force in the same place, Annotation enables codification to renovate itself and beadapted to the present time. The interaction between Annotation and its basis makes it possible to consider thatAnnotation is a third way of codification, without legal force. Therefore, any code which is not annotated shouldbe considered an unfinished code.That is why it could be appropriate for Monegasque codes to be fully annotated in the near future
Pierry, Laëtitia. "Le ministre des Affaires étrangères : naissance et évolution d’un représentant de l’État". Thesis, Avignon, 2011. http://www.theses.fr/2011AVIG2025/document.
Testo completoThe evolution over time of the role of the Foreign Secretary in France shows that the principal conditions of his autonomy lie in the progressive distancing of the French political regime from a personalized conception of State sovereignty. It is precisely because he has always been an instrument of the Supreme executive power without being really a member of it that the French juridical doctrine defines him but in very rare instances as a decision-making entity. In the wake of an increasing globalisation of exchanges between states, international positive law unexpectedly puts an end to his internal debate by widening the field of state representation –hitherto reserved to the supreme executives of states – to the Foreign Office, or the Secretary for Foreign Affairs. In the eyes of international diplomatic practice, the role of the French chief of the “Quai d’Orsay” could then be understood in two ways : whether they are considered in the light of French constitutional law or in that of international public law, his status and his function are defined either restrictively or extensively. This variation places the French Foreign Secretary in a framework of action in which diverse juridical sources coexist in their richness as well as in their evanescent nature : the habitual practices of French diplomacy contend with those that stem from the requirements of international relations. At the same time, the difficulty of pinning down the function of the French Secretary for Foreign Affairs gives him more strategic leeway in his relations with other countries, but is also his main weakness at the level of domestic political power. Indeed, whatever the regime, the scope of a minister’s role has always been dependent on the powers that vie for influence at the head of the state. The secondary role played by the Secretary within the Executive is consequently a legacy of monarchical times with which France still has strong constitutional ties. However, republican practice, seen in the perspective of international positive law, tends to transcend the instrumental role of the Secretary, by giving him, in the absence of Constitutional guidance, the status of a fully-fledged political representative of the State
Marques, Silvio Antonio. "La coopération juridique franco-brésilienne". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D029.
Testo completoSince the end of the twentieth century, the number of international investigations and legal proceedings in civil and criminal matters has grown considerably due to the globalization of the economy and the ease of transportation of people and goods. Nevertheless, the international legal cooperation rules and regulations, including those between France and Brazil, have not kept up with this evolution. In fact, the international legal cooperation has always been flawed, mostly as a result of the rigorous defense of state sovereignty and the lack of mutual trust and coordination among countries. The authority distribution in the international community is made horizontally, thus the norms of assistance among States are marked by decentralization and particularism. In most regions of the world, the enforcement of legal cooperation claims is slow and bureaucratized, despite numerous treaties and bilateral, regional or international conventions. Extradition is still carried out in accordance with practically the same formula invented by the Egyptians and Hittites in 1280 B.C .. The letter of request, which springs from the Roman litterœ publicœ and the French lettre de pareatis, is still the major tool of civil and criminal legal cooperation. Some standards, regarded as first-generation, stipulate the use of indirect diplomatic ways. The second-generation norms established mostly at the end of the twentieth century have improved the transmission of demands through central authorit1es but have not solved all the problems. In fact, only the European Union norms are truly third-generation, since they favor the straight submission of civil and criminal legal cooperation claims, the swift execution of the European arrest warrant and the execution of a large number of civil judgments, with no exequatur or any other intermediate procedure. The French-Brazilian legal cooperation rules, which stem from conventions signed in 1996, are outdated and anachronistic. The rules of internal law of the countries that pursue international cooperation are utterly more generous and effective than those of conventional origin. The elaboration of new conventions thus arises as a significant solution, despite the enormous political and juridical challenges. Naturally, prospective conventions sponsored by the United Nations or by The Hague Convention concerning: direct legal cooperation seem more suitable to a comprehensive solution of the main issues. However, nothing precludes the conclusion of regional, interregional and bilateral texts, even though these will have a smaller reach
Kadlec, Lauriane. "Le droit d'enregistrement et le parlement de Paris sous Louis XIII : une étude d'Histoire du droit public (1614-18 mai 1643)". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010592.
Testo completoThe Registration Right refers to the institutional mechanism of Ancien Régime according to which no letters of patent – ordinance, edit or decree – were enforceable until a Sovereign Court registered it. So it leads to an impression of control over the Royal decisions by the Courts, a rule being one the foundation stones of modern French public law. Although the presence of lettres of patent registered by judicial commissaires or by the « Grande Chancellerie » under Louis XIII, especially after 1630 and Richelieu’s accession to the Ministry, allows the re-examination this theory. In fact, the Registration Right escaped sometimes the Sovereign Courts and became an instrument – far more useful than a «lit de justice» - which permitted the Monarchy to bypass the magistrates whose action where often judged slow and fastidious
Porte, Noémie. "Le Conseil constitutionnel, gardien de la liberté des Anciens". Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10017.
Testo 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
Larné, Aurélien. "Pache, maire de Paris (1793 - 1794) : la mise en place d’un projet de société fondé sur les droits naturels". Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100031.
Testo completoThe policy conducted by Pache, the mayor of the Paris Commune from 14 February 1793 to 10 May 1794 (21 Floreal Year II), aimed to guarantee the natural rights of man and of the citizen. These rights were formulated by the people at the general assemblies of the Parisian sections, and then theorised by members of the Mountain (Montagnard) faction. Following the insurrection of 31 May -2 June 1793, which resulted in the expulsion of the « unfaithful » Girondin deputies who were considered to have betrayed the people, the National Convention announced and implemented legislation to enact these rights. The communes were entrusted with enforcing this legislation, with Pache and the Paris Commune working hard to ensure its success