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Дисертації з теми "Constitutionnalisme – 18e siècle":
Foix, Jean-Christophe. "Le constitutionnalisme en Bretagne au XVIIIe siècle : ambitions et désillusions d'une expérience politique et juridique." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G015.
The "constitutionalism", anachronistic term regarding the era of our study, must be understood as the will to circumscribe and to limit the royal power, so that the essential liberties of individuals are guaranteed. In other words, the constitutionalism refers to a system of “checks and balances” which allows to replace the rule of men with the rule of law. Then, the aim of this study is to analyze how, from 1715 to 1789, are imagined, invented, suggested and realized those limits. In Brittany, those boundaries, which are embodied by superior rules to royal power, take the form of the “constitutional" rights of Breton subjects, contained in the provincial Constitution. Therefore, the origin, the content, the nature and the evolution of the Armorican Constitution must be defined. Then, the provincial Charter and the rights it contains are used for local political claims. The aim of those requests is to temper and moderate the sovereign absolutism in Brittany. Finally, to defend such claims, the modalities and the legal mechanisms contained in the Breton Constitution are used as a means of resistance and struggle against the royal power
Laraby, Alain. "Le constitutionnalisme des Lumières : de l'objet des lois au sujet de droit ou de l'objet géométrique à la liberté politique." Electronic Thesis or Diss., Paris 10, 2024. http://www.theses.fr/2024PA100022.
1/ The title of the thesis, The Enlightenment constitutionalism, is underlined by two subtitles : From the purpose of law to the subject of law, and From the geometric object to political liberty.The thesis actually covers a longer period than the title would suggest, since the Enlightenment constitutionalism is a movement, not a stasis. The Constitutions of this study are primarily the English, the American and the French ones. The constitutionalism under discussion bears on the structure and evolution of these Constitutions.The first subtitle points out how the Enlightenment constitutional law is based on the idea that the positive law of the State guarantees modern natural law and its metamorphoses. This is the purpose of law – mainly political liberty – that make subjected people free under law.The second subtitle indicates that the research study is carried out through multiple diagrams. Their successive display highlight diverse on-going modes of reasoning in modern science.2/ Every concept of constitutional law (separation of powers, separation of church and state, federalism, parliamentary procedures, interpretation of law by competing institutional powers, general will, regulation of various and interfering interests, whether private or public, decision-making strategies, human rights, direct and indirect democratic procedures, and so on). Each of those comes under scrutiny in the light of modern scientific concepts (barycentre, multiple variable function, laplacian, topological manifold, modular arithmetic, group theory, Fourier series, knot theory, phase space, …).The goal of the exercise is neither to boil down constitutional law (and underlying political philosophy) to mathematics or physics, nor to apply them straightforwardly to law. The ambition is more modest : it is to show a certain relationship between modes of reasoning in science and law and its limits. The parallelism is at most a pseudo-isomorphism. Such a pseudo- prefix should not be understood as being false or misleading. It only depicts, like in science, approaching logical problems with some variations. The analysis is generic or qualitative. It does not intend to enter into excessive details or definite measures. Its concern is rather to better single out the characteristic feature, the hallmark of law governing State.3/ This assimilation openly reveals how modern scientific modes of reasoning have been incorporated into constitutional law. What seems rather well internalized are the contraints from natural world, either in a conscious way, or, more often, without the fulll knowledge of drafters or users of constitutional law. The thesis also aims at identifying the scope of such a integration : liberty became free thanks to the constituitonal stops that endeavour to prevent State power from being exorbitant.Although the analogy turns out to be partial, it allows constitutional law to take back control, - albeit not always successfully, - the use of modern science and technology. Under this perspective the Enlightenment constitutionalism opposes to authoritarian and totalitarian, regimes. These regimes do not hesitate, more than ever, to turn them against political and individual liberty that their populations might enjoy. Without liberty, which is challenging by nature, justice cannot happen. Only a minority in power benefits from the system by the monopoly of force as much of opinion. Such a perversion of knowledge and State law steadfastly turns away from the heritage of Enlightenment
Sauray, Éric. "Le premier constitutionnalisme haïtien, matrice du constitutionnalisme latino américain : une approche comparatiste de la constitution de 1801." Paris 3, 2008. http://www.theses.fr/2008PA030095.
Haitian prime constitutionalism is the matrix of the first Latin American constitutionalism elaborated from 1801 till1824. It relates to the fourteen Latin-American countries which reached independence during this period. Into twenty-three years, these countries worked out and tested nearly twenty-eight liberal Constitutions inspired of the American and French models. The purpose was to pose the constitutional bases of the political regimes, to translate the will of the citizens and to devote the human rights. This unrestrained production will give rise to a constitutional identity. This constitutionalism which is born between 1801 and 1824, that we calls the constitutionalism of the independence, has particular characteristics which distinguish it from the North-American and European constitutionalism which are its two main sources. This specificity explains by fact that the legal questions which arose for the various countries which gave rise to the first Latin-American constitutionalism received, with some exception, the same answers. These problems relate to the separation of the Power, the form of the State, the form of the regime, the limitation of the Power, the limits of the rights of the State, the rule of the law, the dedication and the guarantee of the basic rights, the sovereignty of the people like source of the Power, the consequence is that the constitutionalism worked out in the various Latin-American countries between 1801 and 1824 is a homogeneous constitutionalism. The institutional mechanisms installed by the twenty eight Constitutions worked out by the fourteen countries are analyzed in the light of the traditional constitutional theories in order to to demonstrate the unity of this constitutionalism, which has suffered from the beginning, a chaotic put into practice while opening up avenues important theoretical and allowing the use of which appears to modernity today
Busaall, Jean-Baptiste. "La réception du constitutionnalisme français dans la formation du premier libéralisme espagnol : (1808-1820)." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32001.
During the Peninsular war, two Constitutions had been promulgated for Spain. The first one done in Bayonne in1808 and directly redacted on the model of the Consulate and Empire's constitutional bloc had been the juridical basis of the regime called afrancesado. The second one had been promulgated in Cadiz in 1812 at the end of a difficult political debate opened inside the camp of armed resistance to the French by the advocates of a Spanish revolution that was supposed to be limited to the establishment of a constitutional monarchy. The analysis of both constitutional process and political and juridical discourse demonstrate that a Napoleonic Constitution participated in the formation of the doctrinaire liberalism that dominated the governmental ideology of the nineteenth century and that the liberalism of the Cadiz's Constitution was the result of a double deformation, the one of a republican reading of medieval institutions and the other of the principles of the modern science of constitutional government
Osorio, Gonsen Frida. "Le pouvoir politique entre conservation et modération : histoire d'un problème au prisme de l'expérience constitutionnelle mexicaine (1824-1842)." Paris, Institut d'études politiques, 2012. http://www.theses.fr/2012IEPP0059.
In a context of serious political upheavels, the need to avoid unbridled exercice of power was for Mexico inseparable from the difficulty to overcome the weakness of the authority of the State. This tension brings up the problem of reconciling the claim for freedom and the need of authority from the State which political regimes stemming from modern revolutions had already faced. Our study aims to echo how this problem arose in Mexico at the end of the war of Independence and the answers that were given. This work mainly focuses on the difficulties met by the Mexican constitutionalism to consolidate the authority of the State without falling into arbitrariness. We seek to show that the will to articulate the exigenciesof conservation and moderation of the political power inspired the implementation of a neutral third party device aiming to control law's constitutionality and to carry out effective solutions to deal with political crises. This is the only case in the Hispanic world where a neutral power of this kind was intended to be established in a republican regime. Thus, our dissertation disagrees with the interpretations that advocate that the constitutions established in Mexco in the Nineteenth-Century would have only served to disguise an authoritarian ideology
Trabut, Robin. "Le constitutionnalisme libéral (1814-1877)." Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0157.
Although the term is only rarely used by constitutionalists, the idea of a liberal constitutionalism does indeed permeate their reasoning. Moreover, the theory of liberal constitutionalism is confused with that of parliamentarianism, on which important works already exist. But if we want to build a scientific history of constitutionalism, we must define the notion of liberal constitutionalism. Positive law is thus clarified by history. This study makes it possible to shed an original legal light on our institutions, while at the same time defining the liberal constitutionalism’s theory
Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
Many are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
Pichot-Bravard, Philippe. "Conserver l'ordre constitutionnel (XVIe-XIXe siècle) : Les discours, les organes et les procédés juridiques." Paris 2, 2008. http://www.theses.fr/2008PA020090.
Fonbaustier, Laurent. "Modèles ecclésiologiques et droit constitutionnel : l'institution de la responsabilité des gouvernants." Paris 2, 1998. http://www.theses.fr/1998PA020052.
Sadler, Mélanie. "Juan Bautista Alberdi : un discours entre culture juridictionnelle et culture étatique." Thesis, Bordeaux 3, 2015. http://www.theses.fr/2015BOR30030/document.
This thesis points to study Alberdi’s thought and to demonstrate that it’s fundamentally a thought of the complexity of the categories founded on the hybrid character of the order which is contemporary to him. Alberdi inherited the legacy of two cultures, the traditional culture of Ancien Régime and a revolutionary culture whose language also imposed itself with the independance. The major question for Alberdi is which order to give back to the social body since it lost the legitimacy of the Ancien Régime’s transcendent order. The traditional historiography often pick up Alberdi’s figure and speeches to convert him in the eminent precursor or representative of distinct tendencies, sometimes contradictories, and especially to promote him as the « modernity »’s, the contemporary liberalism’s and the contemporary Argentinian State’s figurehead. Quite the contrary, Alberdi is still rather immerged in the traditional legal culture, and he tries to adapt the availables languages to his reality, in permanent backs and forths between reality and speeches since the first models the seconds and viceversa. Some categories like « individual », « Liberty », « administration » imposed themselves with the Revolution but the publicist gives them another significations (je ne sais pas comment traduire “resémantiser”?) according to his context considerably penetrated with traditional dynamics. The « individual », so, intersects the excluding category of the « vecino » overall. In the same way, Alberdi preferentially uses the term of « administration » in its old meaning of « justice’s administration », not in its modern acceptation. Besides, the publicist’s « modernity » is to be reconsiderated seeing as he leaves a fundamental role to the traditional legal sources and doesn’t fall into legal voluntarism but occasionally and cautiously. He actually plays on different scales : he speaks the political modernity’s language on the national scale and the traditional legal’s one on the local level (local level which remains the stability base of the social body). My thesis is that this traditional base on one hand and the categories of « trade » (understood in his polysemic acceptations) and « political economics » on the other hand will be the two fundamental instruments which enable the autor to rethink the link, to create a society based on the traditional social body. Far from considerating the order on the very national level, his approach also fits into an international perspective : the pacified exchanges between the nations would be the only way to end the atlantic revolutions’s cycle and to recover an order : this order will admittedly be immanent, but it necessarily will transcend the national frame