Дисертації з теми "Rôle des Cours constitutionnelles"
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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.
Повний текст джерелаThe 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
Ahmed, Shaho Ghafur. "Le rôle de la juridiction constitutionnelle fédérale dans la protection de la justice constitutionnelle : le cas de l'Irak, de la Belgique et de la Suisse." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3005.
Повний текст джерелаThe mission of a constitutional court is to ensure compliance with the federal Constitution, which is the supreme norm in a state’s legal order. Because it regulates the vertical and horizontal distribution of powers within the federation, and guarantees the exercise of fundamental rights, the Constitution is the source of legitimacy of inferior norms and federal and federated powers. The guarantee of the respect for its supremacy is thus traditionally entrusted to a federal constitutional Court, which the latter ensures through assessing the constitutionality of laws, as well as by settling the conflicts that may arise between the different levels of powers. In this context, it is asked to achieve a kind of justice which is purely "constitutional" and "federal," with the aim of guaranteeing the stability and sustainability of the federal system. This is particularly true for the so-called "Fragmented" Federal States, which are characterised by a particularly ethnic, linguistic or religious plurality which can go so far as to call into question the very identity and unity of the State. In this context, the comparative analysis of the role of the constitutional Court in the Iraqi, Belgian and Swiss federal States is highly instructive on the implementation of constitutional justice. It has in fact appeared that the federal constitutional Court often exercises limited competences, either by the constituent or by the will of the parties to a constitutional dispute. Certain functions, such as, for example, judging the conformity of the Federated Constitutions and local agreements with the Federal Constitution, will thus be excluded from its field of authority. Therefore extra-jurisdictional mechanisms of constitutional justice, such as a Federal Parliament or in the amicable settlement of disputes, will gradually develop outside the traditional jurisdictional mode
Collazos, Velasco Maria Dolores. "Le rôle des Cours Constitutionnelles vis-à-vis du pouvoir Exécutif en Amérique Latine. Etude comparative : Chili, Mexique, et Colombie." Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0069.
Повний текст джерелаThe last two decades of the 20th century constitutional Tribunals emerged as powerful political actors in Latin America. This transformation is the consequence of the adoption of constitutional reforms during the late 80s and the 90s oriented to turn the constitutional Courts into more independent and powerful institutions.This dissertation seeks to provide elements to understand how and to which extent the institutional design introduced by the reforms shapes the Latin American Constitutional Tribunals’ behavior vis-à-vis the Executive power. More precisely, this research focuses on the role of Constitutional Courts as arbiters of the Executive branch acts in Chile, Mexico, and Colombia afterthe introduction of constitutional reforms aimed to reinforce the constitutional justice in 2005, 1994 and 1991 respectively. Although the standard approach proposes that the institutional design is a fundamental piece to model the judicial behavior, and this idea was in mind of those who conceived the reforms, my empirical results based on archival research and the study of decisions from these courts suggest that the way the constitutional judges build their professional identity, understand their goals in administering justice and assume their role in democracy, also matters in how they exercise the judicial review. In other words, this dissertation argues that the institutional design, although essential, is not enough to explain the Constitutional Court's behavior before the Executive in countries having reinforced the judicial review after authoritarian periods, such as those of my research. Further research is needed to better understand how the judge’s professional ideology and conceptions are formed, and how they shape judicial behavior
Camillieri, Federica. "Le rôle de la justice constitutionnelle dans la consolidation des démocraties en construction de l'Afrique du Nord." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2024. http://www.theses.fr/2024UMOND006.
Повний текст джерелаThe main purpose of Constitutional Review is limiting power — in particular the legislative one — in order to protect both the fundamental rights enshrined in the Constitution and the democratic institutional structures.Obviously, its role is of central importance in any system, but it is perhaps even more decisive in democracies that are going through a process of consolidation.In the Middle East and North Africa, the freedoms typical of the rule of law were claimed by demonstrators, bearers of multifaceted ideologies and members of heterogeneous political parties, through an unfinished revolt, which began in 2011 and that reverberated, in the following years and with varying vigor, in the various North African States.The present work was aimed at verifying whether said wave of revolts actually led to the creation of a rule of law in some of the jurisdictions it touched, such as Egypt, Morocco and Tunisia.The choice to restrict the study to the aforementioned State realities is explained, first of all, by the fact that they - prior to being connected by the same revolutionary event — had not been foreign to the concept of constitutional review; indeed, even before the events of 2011, the Constitutions of Egypt, Morocco and Tunisia contemplated three different models of bodies with this particular power; secondly, these are systems which, in drawing up their new Constitutions, have corrected — or at least attempted to modify — the already existing bodies endowed with power of Constitutional Review; finally, all three States under study have had difficulties in consolidating their democracies, despite the Constitutional changes that were introduced — at least on a formal level — following the Arab Revolts, and that aimed at guaranteeing the creation of a rule of law.Since Constitutional Review represents an essential element of the rule of law, it was necessary to verify whether, before the events of 2011, despite being contemplated in the Constitutions of all three systems under study, it had remained — or not — a purely nominal element during the authoritarian regimes in Egypt and in the Maghreb area.It was, therefore, not without importance to appreciate the role that the three constitutional review bodies under examination had covered before the events of 2011, to perceive whether, based on the functions and powers attributed to them, they had succeeded, in authoritarian contexts, in playing a counter-majority role or had somehow contributed to the affirmation of democratic principles.After an historical analysis of the three models of constitutional review, it was assessed whether, in the process of transition from authoritarianism to democracy following the Arab Spring, the Judges of the laws in each of the examined systems — having their constituents strengthened or modified the functions and competences of these bodies— played a key role in the affirmation and consolidation of democratic principles.Therefore, it was examined the role of Constitutional Courts in the consolidation of democracy in Tunisia, Egypt and Morocco — to which the first, second and third chapter were respectively dedicated— to see whether the constitutional amendments which followed the revolutionary events have prima facie transformed both the competences of the constitutional bodies, on the basis of the principle of separation of powers, and the role of the Courts in relation to the democratic demands and the rights consequently recognized by the Constitutional Charters
Aurino, Marta. "Les modèles de justice constitutionnelle : entre inadéquation et innovation : pour une analyse multidimensionnelle de la justice constitutionnelle comparée." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0433.
Повний текст джерелаThis thesis proposes a reassessment of traditional models of constitutional justice through a comparative and empirical approach. The classical distinction between the American and European models, when confronted with the growing diversity of constitutional justice systems worldwide, reveals significant conceptual limitations. To address these challenges, two analytical pathways emerge: one aimed at developing new theoretical models based on revised criteria, and the other focused on creating innovative analytical tools better suited to contemporary complexities. It is this latter, less explored approach that forms the core of this work. Drawing on an empirical analysis of constitutional justice systems globally, and employing correspondence analysis methods, a multidimensional analytical tool has been developed. This tool allows for the representation of the diversity of legal systems in a fluid and evolving framework, accounting for contextual variations and the multiple interactions influencing constitutional litigation. Rather than classifying systems according to fixed criteria, it positions them within an open dynamic, reflecting the complexity of their interactions. The central objective is to better understand the role of the constitutional judge by examining their participation in the decision-making process, with a focus on constitutional review standards, access to justice, and the competencies of Constitutional Courts. By adopting an empirical and multidimensional methodology, this work seeks to transcend traditional frameworks in order to embrace the complexity and multiplicity of contemporary legal realities while creating a didactic tool
Chambeiron, Jérémie. "La cour constitutionnelle à Taïwan face aux différends institutionnels : le rôle des Grands Juges du Yuan judiciaire durant la présidence de Chen Shui-bian (2000-2008)." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015INAL0004/document.
Повний текст джерелаOn March 18th, 2000, Chen Shui-bian, representing the Democratic-Progressive Party (Minjindang), succeeded Lee Teng-hui, member of the Nationalist Party (Kuomintang) and first Taiwan president elected by popular vote. However, starting in 2000, and until the end of Chen Shui-bian's second term in 2008, a number of political standoffs occurred in the Legislative Yuan, as a result of the KMT and its allies of the so-called pan-blue camp securing control of the parliament's majority in every legislative election. Our thesis aims to understand how these deadlocks happened, and the way in which each branch of the government negotiated to find agreements. We particularly focus on the role played by the Great Justices of the Judicial Yuan (Sifayuan Dafaguan). Were the Great Justices called upon by the different branches of the government to end the stalemates, or did they stay away from political matters? The Great Justices have consistently asserted their independence as a constitutional court. Instead of deciding in favour of one party or another, they have privileged procedural solutions, providing thus an institutional framework for conflict resolution. In matters of civic liberties and human rights, the Great Justices have ruled in favour of protecting and extending the rights already enshrined in the 1947 Constitution. The Great Justices therefore appear more as defenders of rights, i.e. ombudsmen, rather than as a constitutional mechanism to work disputes out. This institution thus acts in keeping with its historical role during the democratic transition
Jacquelot, Fanny. "Le pouvoir normatif des cours constitutionnelles : contribution à l'étude des règlements des cours constitutionnelles européennes." Saint-Etienne, 2003. http://www.theses.fr/2003STETT068.
Повний текст джерелаEuropean constitucional Courts adopt for their organization and their operation, regulations. Those are the expression of an autonomous normative capacity which has a constitucional base and intervenes within the framework of a constitucional reserve of competence. This capacity ensues, indeed, from the quality of constitutional power of the constitutional Court and from the principle of independence of the latter. Connected to the position of the constitutional Court in the State, this normative capacity is supervised in the legal order. Taking into account the principle of separation of powers, it can't be controled by the administrative judge and by the european Court of Human rights. The constitutional Court seems to be the only one which is able to exert a control on its normative capacity. However, this one remains under the control of the Constituent. This monitoring is, certainly discreet, but well presents nevertheless
Dord, Olivier. "Cours constitutionnelles nationales et normes européennes." Paris 10, 1996. http://www.theses.fr/1996PA100014.
Повний текст джерелаThe european construction's speciality connects national constitutional courts, which are the last expression of domestic sovereignty, with the two main european and supranational juridical orders (european union, european convention on human rights). Constitutional courts exercice control over european law. His way of implementation, his object and effects prove this control to be a specialized review of constitutionality. At the same time, european law influences constitutional courts increasingly. It finds expression in using spontaneously those norms, favouring the convergence of european and constitutional jurisprudences and also sometimes in competing with the courts decisions
Mborantsuo, Marie-Madeleine. "Cours constitutionnelles africaines et État de droit." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32004.
Повний текст джерелаThis Ph D dissertation represents a comparative study on the role played by African constitutional courts in the establishment and implementation of the rule of law. This work is based on an extensive study of unpublished cases from African constitutional courts. The author defines the degree of originality of these constitutional courts based on both foreign models, especially the French one, and municipal specificities. The author then studies in an extensive way classical fields of constitutional review. In this study, forms (prior to and after the promulgation of the statute) and methods of constitutional review are especially dealt with. The originality of this study remains that one of the greatest achievement of African constitutional courts to enforce the rule of law lies in their ability to make effective not only a technical constitutional review but also in extending their scope of intervention to elections litigation and regulating the relationship between organs of state. .
Severino, Caterina. "La doctrine du droit vivant /." Aix-en-Provence : Paris : Presses universitaires d'Aix-Marseille ; Économica, 2003. http://catalogue.bnf.fr/ark:/12148/cb38976879d.
Повний текст джерелаValls, Julien. "Le contrôle des normes législatives financières par les cours constitutionnelles espagnole et française /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38943459b.
Повний текст джерелаEn appendice, choix de documents. Bibliogr. p. 353-393. Index.
Mastor, Wanda. "Contribution à l'étude des opinions séparées des juges constitutionnels." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32041.
Повний текст джерелаIn spite of a large diffusion within the majority of the constitutional courts, separate opinions, commonly called "dissenting opinions", do not retain the favour of the French doctrine. The aim of our research is to provide a comparative view of a much debated but unrecognised practice. This research is divided into three parts, successively devoted to identification, institution and utilization of separate opinions by constitutional judges. The first part justifies their very existence through the study of divergences in legal interpretation. This theoretical approach also permits to define our subject by trying to confer it a juridical status, devoid of it at first sight. The second part is about the emergence of separate opinions, and their diffusion within constitutional as much as international courts. .
Papasavvas, Savvas. "La justice constitutionnelle à Chypre /." Paris : Economica : Presses universitaires d'Aix-Marseille, 1998. http://catalogue.bnf.fr/ark:/12148/cb367115785.
Повний текст джерелаPérez, Ruiz Carlos. "La argumentacion moral del tribunal supremo : 1940-1975 /." Madrid : Tecnos, 1987. http://catalogue.bnf.fr/ark:/12148/cb373565837.
Повний текст джерелаBandrés, Sánchez-Cruzat José-Manuel Martín-Retortillo Baquer Lorenzo. "El derecho fundamental al proceso debido y el tribunal constitucional /." Pamplona : Ed. Aranzadi, 1992. http://catalogue.bnf.fr/ark:/12148/cb374108384.
Повний текст джерелаGordji, Ali-Akbar. "La justice constitutionnelle : mythe ou réalité ? : approche franco-iranienne." Nantes, 2006. http://www.theses.fr/2006NANT4022.
Повний текст джерелаConstitutional justice is at the core of the constitutional law and even the public law in general. Nowadays, to understand the constitutional researchers should not necessarily consult the different chapters of the constitution of a given country. To achieve this goal a thorough examination of the decisions rendered by the constitutional judge could be sufficient. Indeed, these decisions are considered as the starting point tu understand better and as directly as possible the reality of the political systems. To date, the studies on this topic have often been focused on the establishment and the functioning of the constitulional justice in the western countries or in the countries having a juridico-political culture close tu the latter's. The question of the constitutional justice in Iran has rarely been studied by the French researchers. This silence is also the case with the Iranian public law in general. The aim of the present research is thus, through a comparison with the French constitutional justice, to stress on the constitutional justice in Iran. To understand this comparison, the fact that France has adopted a purely laïc political regime, and Iran has opted for a religions political model (Islamic) should be taken into account. The distinction between the two rnodels is more a question of the founder values than the forms. This study exposes, simultaneously, the font and the substance of the question. Firstly, it seeks to discover the formal characteristics of the constitutional justice in France and in Iran. To this end, it puts in a comparative perspective the questions relating to the composition of the «Conseil constitutionnel» and the «Guardian council», the designation modes of the members, the competenees, the procedures followed before them, etc. Secondly, in search of the convergent and the divergent aspects existing between the positions of the constitutional judges, it examines the immensity of the constitutional contentions. These contentions concern, sometimes, the political institutions, and sometimes, the fundamental rights
Hamiani, Khatat Bachir El. "La justice constitutionnelle au Maroc : contribution à la théorie générale de la juridiction constitutionnelle." Paris 2, 1986. http://www.theses.fr/1986PA020094.
Повний текст джерелаThis study, which extends beyond the special case of morocco, attempts to provide an answer to the following two questions concerning constitutional law's science: 1)is a constitutional court indispensable? 2) how necessary is constitutional judge made law, how far is it legitimate and possible and what is its value? the answer to the first question is yes, since a constitutional court is the best means of introducing law into politica into the political machinery. This view-point is confirmed by the historical, scientific and technical evolution of this nevertheless, in morocco, the existence of a constitutional court does not have this result, due to the particular signi of constitutional law, which is the law of the political authority, and to the role played by the judge in the constitutional order, which is the instrument of this political authority. The aim of this study is therefore to put right constitutional law, seen as a factor and condition of individual and collective progress, by means of a constitutional court which would first have to be adapted to its function. Even under these conditions, the competent court leads to constitutional judge made law, the necessity, legitimacy and value of which are far from being a priori sure. This is even more so in the case of a deficient public and constitutional law, as confirmed through the critical analysis of the answers provided by constitutional judge made law in morocco. The cases that may lead to the formation of law by means of judge made law should be dealt with by the constitution maker and by the legislator and not by the judge, since this is not logically or legally of his competence. The general conclusion offers a definition of constitutional justice which provides both a synthesis of this study and a contribution to the general theory of the constitutional court
Ebsen, Ingwer. "Das Bundesverfassungsgericht als Element gesellschaftlicher Selbstregulierung : eine pluralistische Theorie der Verfassungsgerichtsbarkeit im demokratischen Verfassungsstaat /." Berlin : Duncker und Humblot, 1985. http://catalogue.bnf.fr/ark:/12148/cb37359311j.
Повний текст джерелаWora, Huguette Sylvianne. "La justice constitutionnelle au Gabon." Paris 11, 2002. http://www.theses.fr/2002PA111016.
Повний текст джерелаTotozani, Igli. "L'indépendance du pouvoir judiciaire à l'épreuve de la transition démocratique en Albanie : le rôle de la Cour Constitutionnelle." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA034.
Повний текст джерелаWhen, as part of the constitutional reforms, after the fall of the communism, the Council of Europe and the European Commission require from Albania the independence of the judiciary, as a guarantee for the rule of law, a constitutional court, as a defender of the guarantees of this principle, is demanded simultaneously. Nevertheless, during the years of the democratic transition, these principles and institutions of the rule of law will be confronted with a political culture that makes difficult both their transposition and their implementation in the Albanian reality. The reasons lie in the influence that the constitutional tradition and the communist ideology still exert on the political class and its political culture. They grow towards the control rather than the independence of the judiciary. In these circumstances, it is up to the constitutional court to be active in the game of separation and balance of powers and in the identification and formalization of an independent judiciary. At the same time and as often as necessary, it will directly defend the constitutional guarantees of independence and will do so according to its own independence
Valls, Julien. "Cours constitutionnelles et normes législatives financières : les expériences espagnole et française." Toulouse 1, 2001. http://www.theses.fr/2001TOU10041.
Повний текст джерелаThis comparative law study aims at situating the numerous decisions taken by the French Conseil constitutionnel about financial law regarding international standards. The Spanish Tribunal Constitucional is an accurate counterpart for such a comparison, as its wide competence makes it a very significant example of european constitutional court
Issa, Abdourhamane Boubacar. "Les cours constitutionnelles dans le processus de démocratisation en Afrique : analyse comparative à partir des exemples du Bénin, de la Côte d'Ivoire et du Niger." Bordeaux 4, 2002. http://www.theses.fr/2002BOR40014.
Повний текст джерелаBernal, Cano Natalia. "Le contrôle de constitutionnalité de la loi sur le recours d'un individu en Allemagne, Belgique et Colombie : Réflexions comparatives pour un nouveau modèle de justice constitutionnelle." Paris 1, 2009. http://www.theses.fr/2009PA010285.
Повний текст джерелаVarenne, Frédéric. "La protection des droits par les cours constitutionelles en Europe centrale et orientale depuis 1989 (Bulgarie, Hongrie, Pologne, République tchèque, Roumanie, Slovaquie et Slovénie)." Université Robert Schuman (Strasbourg) (1971-2008), 2003. http://www.theses.fr/2003STR30008.
Повний текст джерелаIn Europe today, a Constitutional Court should protect rights. This Ph. D. Dissertation aims to establish whether Constitutional Courts in Central and Eastern Europe are joining this trend, or are reluctant to do so, or are still have to determine their position. From the analysis of an international, as well as domestic context it emerges that Constitutional Courts have not been primarily established to protect rights (Preliminary part). This preliminary observation should not deter a comparison of the means available to Constitutional Cour1s to protect rights (Part 1). The human resources of Courts are analysed from double perspective, namely pluralism and independence. Then, three judicial means available are examined : judicial review, power of injunction and power of authentic interpretation. The extent of the protection of rights varies for each court (Part 2). Similarities and specificities appear both in the recognition of rights as well as in the examination of restrictions bearing on these rights. A typology of the protection of rights by Constitutional Courts is proposed in the conclusion
Ouriemchi, Hicham. "L'équilibre des pouvoirs à la lumière de l'installation du conseil constitutionnel : contribution à la lecture de la construction du système politique et juridique au Maroc." Rouen, 2009. http://www.theses.fr/2009ROUED008.
Повний текст джерелаIn a political system which built itself gradually around the monarch and the central notion of allegiance ; in for a period when the system, then the monarch, decides to make a commitment in a process of liberalization and evolution towards more balance of power ; what role can play a Constitutional Council created exactly in this moose of democratization ? Replacing the Constitutional Chamber of the Suprem Court, displayed a trend of rapprochement with the French jurisdictional model (and more globally legal model), the new institution was invited to contribute to the development of a constitutional jurisprudence appropriate for the country and to accompany, in the best possible way, the evolution of Morocco towards a constitutional guarantee of rights and liberties. Presenting the various models of constitutional justice which the Moroccan constituent could decide upon, the present thesis proposes a reading of the organization and the functioning of the young institution in direct comparison with the French model which was used as the reference. The rather rich activity of the Moroccan Constitutional Council concerning elections and in the subjects which require a compulsory court referral, dedicates the institution as a regulator of authorities : the initial mission of its model of inspiration. However, the remarkable rarity of the case law of the Council concerning the ordinary laws mobilizes a reflection on the reasons of this situation and on the possible regulations to be brought to the current system, but also on the opportunity of such rectifications
Andriantsimbazovina, Joël. "L'autorité des décisions de justice constitutionnelles et européennes sur le juge administratif français : Conseil constitutionnel Cour de justice des communautés européennes et Cour européenne des droits de l'homme." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D021.
Повний текст джерелаThe implementation by the french administrative court of the decisions of the constitutional council, of the court of justice of the european communities and of the european court of human rights is examined in the lights of three theories: that of res judicata, that of persuasive authority of judicial precedents, that of the authority of the "chose interpretee". The french administrative court usually abides by res judicata obtained by the constitutional council, the court of justice of the european communities and the european court of human rights. He acts so, nevertheless, on criteria different from those traditionally known in the french law. Then, it appears that, notwithstanding, his refusal to acknowledge any binding authority to the judicial decisions of the constitutional council, the european court of justice and the european court of human rights, the french administrative court is not unaffected by the persuasive force of the decisions of those courts. Such a reaction may lead one to wonder whether, in spite of the appearances, the french judge is not, in reality, somewhat bound up by a new conception about the authority of judicial decisions: the authority of the "chose interpretee". The latter concerns the authority of the decisions of all juridictions that have to interpret authentically the constitutive norm of juridical order. Doesn't this theory lead the french administrative court to establish connection between res judicata and stare decisis?
Colom, Jacques. "La justice constitutionnelle dans les États du nouveau Commonwealth : le cas de l'île Maurice /." Aix-en-Provence : Paris : Presses universitaires d'Aix-Marseille ; Economica, 1994. http://catalogue.bnf.fr/ark:/12148/cb366834899.
Повний текст джерелаNicot, Séverine. "La sélection des recours par la juridiction constitutionnelle : Allemagne, Espagne, États-Unis /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2006. http://catalogue.bnf.fr/ark:/12148/cb40956623t.
Повний текст джерелаPloux, Antoine. "La motivation des décisions des cours constitutionnelles : étude du discours de motivation des cours belge et française." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0291.
Повний текст джерелаThe motivation of constitutional decisions is a classic subject for legal doctrine but it appears that the usual way, a formal way, of dealing with it does not provide complete satisfaction. The comparison of the motivation between the Belgian and French constitutional courts required to adopt a functional conception of this notion. We approached the motivation of constitutional courts decisions in the most general context of the constitutional court’s discourse and during their motivational process. Following this reasoning, it appeared then that this discourse is integrated in a particular network of pressures but exerted a clear influence. The analysis of this situation allows to reveal the freedom-pressure part of constitutional courts, especially Belgian and French, in the motivational process of their decisions
Bück, Valentine. "L'influence des cours constitutionnelles sur la politique pénale : étude comparée France-Espagne /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38899592r.
Повний текст джерелаBück, Valentine. "L'influence des cours constitutionnelles sur la politique pénale : étude comparée France-Espagne." Paris 1, 2000. http://www.theses.fr/2000PA010278.
Повний текст джерелаMastor, Wanda Troper Michel. "Les opinions séparées des juges constitutionnels /." Aix-en-Provence : Paris : Presses universitaires d'Aix-Marseille ; Économica, 2005. http://catalogue.bnf.fr/ark:/12148/cb40047174t.
Повний текст джерелаBibliogr. p. 319-342. Index.
Baudoin, Marie-Élisabeth. "Justice constitutionnelle et État post-soviétique /." Clermont-Ferrand : [Paris] : Université d'Auvergne, Presses universitaires de la Faculté de droit de Clermont-Ferrand : [Fondation Varenne] ; [diff.] LGDJ, 2005. http://catalogue.bnf.fr/ark:/12148/cb40155658v.
Повний текст джерелаHountondji, Eric. "L'essor de la justice constitutionnelle au Bénin, au Mali et au Sénégal." Cergy-Pontoise, 2007. http://www.theses.fr/2007CERG0337.
Повний текст джерелаThe autocratic running of the political power during post independence first three decades in Benin, Mali and, to a least extent, in Senegal, led to questioning their political system through sovereign national conferences, in Benin and Mali whereas in Senegal, it was expressed through constitutional reorganizations. Therefore, the three countries have adopted regimes inspired from the democratic practice of Western countries, with constitutional jurisdictions as a linchpin. Such jurisdictions, owing to the effective implementation of their determining functions, contribute to the development, enhancement and strengthening of the constitutional justice. However, certain malfunctioning and shortcomings, the consideration of which could significantly improve the efficiency of the said constitutional jurisdictions, prompt to qualifying their established achievements as well as their key role
Paour, Raphaël. "Le pouvoir des cours constitutionnelles : analyse stratégique des cas espagnol, français et italien." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100132.
Повний текст джерелаIf the power of constitutional courts is defined by the influence that they exercise upon other legal bodies, one must consider the review mechanisms at their disposal to exercise that power and the various ways in which other legal bodies can limit constitutional court influence. In Spain, France and Italy, the distribution of judicial review mechanisms and means of legal influence between the courts and the other legal bodies is different. The Power of Constitutional Courts gives an account of constitutional court power based on the distribution of judicial review mechanisms and other means of legal influence. It details specific ways in which constitutional courts have been able to establish their power in the three countries. It explains: the judicial deference of the Spanish Tribunal towards the legislature and its domination of other Spanish courts; the collaborative relationships of the French Conseil constitutionnel and the Italian Court have established with other courts and the more confrontational relationship they have had with the legislature
Severino, Caterina. "La doctrine du droit vivant : étude de contentieux constitutionnel comparé franco-italien." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32053.
Повний текст джерелаThe Italian theory of "living law" means that the Constitutional Court uses, abiding by the requirements it has settled, the meaning the reviewed law gained because of its application. This phenomenon has become a more and more interesting subject for French legal scholars. It may be explained by the fact that this "living law" theory shows very well the interaction, sometimes in different ways, that may exist between the Constitutional Court and the others courts of law. The question of transposition of that theory in France arises several questions. The French Conseil constitutionnel seems to use, in some decisions, a comparable reasoning to the one the Italian Corte costituzionale uses when it applies the "living law" theory. This is why, this problem is the central issue of the thesis. .
Foumane, Ze Edmond Claude. "Le contentieux constitutionnel en Afrique noire francophone et à Madagascar." Limoges, 1992. http://www.theses.fr/1992LIMO0429.
Повний текст джерелаFrench speaking black african states hold constitution as the supreme law and have there fore organized constitutional contentional in order to sanction constitutional violations. Those states have therefore instuated special courts in charge of constitutional matters: they are generally suprem courts and exceptionnally political organisme (c. A. R and madagascar); the control of constitutionality the eletoral contencions and consultations are their field of action. The constitutional contentious is organized in the interest of public powers in the above mentioned states and the protection of human wrights and public liberties is unknown in those countries. Technical, political and cultural factors have been obstacles of the functioning of constitutional contentions whose result is pratical void. Yet the growth of democracy in those countries will help to improve that contentious
Shveda, Inna. "La liberté de la presse dans la jurisprudence des cours constitutionnelles de la CEI /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2008. http://catalogue.bnf.fr/ark:/12148/cb414560552.
Повний текст джерелаPapasavvas, Savvas. "La justice constitutionnelle à Chypre." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32042.
Повний текст джерелаAfter a brief presentation of the political and constitutional context of cyprus, this thesis presents the cypriot system of constitutional justice, trying to situate it in relation with other existing systems in austria, france, germany, greece, italy, portugal, spain and united states. In the second part of the thesis there is a selective presentation of the cyprus supreme court decisions, concerning the law of necessity, the constitutional amendments and some fundamental nights closely related with political considerations
Criste, Mircea. "La justice constitutionnelle en Roumanie." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32015.
Повний текст джерелаRomania has experienced all the systems for the judicial review. This started with a certain review after the american pattern, transformed by the 1923 constitution into a concentrated judicial review, performed by the united sections of the supreme court, and after a period of political review of the communist type, we have arrived at the present european pattern. Both in 1912 and in 1991, the judge derived his right to control the laws from the principle of the powers separation, and this fact explain the absence of the judicial review during communism. The 1965 constitution instituted a constitutional committee, but this was only a technical committes, a specialty one, within the grand national assembly. Establishing a certain link with tradition, the constituent assembly of 1991 decided to open the access of the private persons to the judicial review, even if this isn't a direct access, but an access by way of exception. A common characteristic of the two romanian solutions is to be ioundin this exception which can be raised during any phase of the trial
Horvath, Alexandra. "Les méthodes du juge constitutionnel hongrois : 1990-1998." Montpellier 1, 2000. http://www.theses.fr/2000MON10044.
Повний текст джерелаPeyrou-Pistouley, Sylvie Bon Pierre. "La Cour constitutionnelle et le contrôle de la constitutionnalité des lois en Autriche /." Paris : Économica, 1993. http://catalogue.bnf.fr/ark:/12148/cb355966466.
Повний текст джерелаMassias, Jean-Pierre. "Justice constitutionnelle et transition démocratique en Europe de l'Est /." Clermont-Ferrand : Paris : les Presses universitaires de la Faculté de droit de Clermont-Ferrand ; LGDJ, 1998. http://catalogue.bnf.fr/ark:/12148/cb36200153d.
Повний текст джерелаDussart, Vincent. "L'autonomie financière des pouvoirs publics constitutionnels /." Paris : CNRS éd, 2000. http://catalogue.bnf.fr/ark:/12148/cb37183918f.
Повний текст джерелаCarpentier, Élise. "La résolution juridictionnelle des conflits entre organes constitutionnels /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2006. http://catalogue.bnf.fr/ark:/12148/cb409566098.
Повний текст джерелаLe, Quinio Alexis. "Juridictions constitutionnelles et droit comparé : recherche sur la circulation des solutions juridiques." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32054.
Повний текст джерелаGlobalization, and hence the intensification of interactions between legal system had for main result a multipolarization of law and normative production. This led to a change in behaviours, legal and judicial practices, intricating the main actor's task, the first of them being the judge. In aiming an emerging universal audience, using comparative law can be especially required by constitutional court judges. Thus, in collaboration with members of the doctrine, they benefit from a new tool to focus on the new requirements of their work, the best way possible
Merland, Guillaume. "L'intérêt général dans la jurisprudence du Conseil constitutionnel." Montpellier 1, 2002. http://www.theses.fr/2002MON10033.
Повний текст джерелаGiudicelli, Julien. "La cour constitutionnelle italienne et le référendum abrogatif." Toulon, 2002. http://www.theses.fr/2002TOUL0038.
Повний текст джерелаThe referendum in view of a law abrogation is a peculiar institution of "semi-direct" democracy. It has been part of the Italian paraphernalia of political struggle devices since the 1970's. The constitutional power established causes of non-admissibility in case of a referendum request, the control of which falls to the Constitutional Court. Through the innumerable occurrences in the jurisprudence of such a request, not only has the latter mentioned explicit causes of non-admissibility, but it has also derived from a thorough reading of the Republican Chart many implicit, whether formal or substantial, prohibition clauses. This widening of the admissibility control field, although criticised by part of the doctrine, meets the demand for both a greater clarity of the matter, and a greater regard for the hierarchy of respective sources. Some contradictions in the jurisprudence may however have been feared to be the sign of an increasing discretionary power, unduly assumed as far as the referendum issue is concerned. Moreover, the Constitutional Court made it clear that the preliminary admissibility examination should not exclude the possibility of a repressive constitutionality control of the referendum outcome. This jurisprudence principle is confirmed by a close analysis of the nature of the abrogation referendum and by the refutation of "res judicata" principle when applied to decrees concerning admissibility matters. However, the possible invalidation of a referendum outcome poses the problem of questioning a popular decision. Nevertheless, the use of adequate constitutional jurisprudence techniques would enable the Court to avoid the ensuing risk of its own de-legitimisation
Salami, Aboudou Ibrahim. "La protection de l'Etat de droit par les cours constitutionnelles africaines : analyse comparative des cas béninois, ivoirien, sénégalais et togolais." Tours, 2005. http://www.theses.fr/2005TOUR1001.
Повний текст джерелаIn the first half of the 1990s, numerous African States adopted the kelsenian model of constitutional jurisdictions : constitutional courts. This sudden and concomitant appearance is a political and legal event. From four States, representative of the current political turnovers on the continent since about fifteen years, this study puts in motto the role of the African constitutional courts in the progressive construction of the State of law. She also allowed to appreciate the reception of two originally European concepts (constitutional court and State of law) in an African environment, a priori hostile to their blooming. The choice concerned two models of success (Benin and Senegal) and two models of failure (defeat) of the democratic processes (Togo and Côte d'Ivoire). An analysis of the jurisprudences of four constitutional courts reveals a correlation between the nature of the political system and the degree of independence which enjoy the constitutional judges. Certain African constitutional courts are instruments of legitimization of the political power while the others bring real limits to the expansion of the presidential monocentrism. Every constitutional court, at its pace, influences positively or negatively the construction of the State of law. The creation and the good functioning of constitutional courts mark the appearance of the State of law in countries placed under study
Gutiérrez, Ramírez Luis-Miguel. "Justice transitionnelle et Constitution." Electronic Thesis or Diss., Toulouse 1, 2017. http://www.theses.fr/2017TOU10015.
Повний текст джерелаThis research proposes a specific analysis of transitional justice through the prism of comparative constitutional law in order to examine the theoretical and practical links between transitional justice and the Constitution. Transitional justice is envisaged to deal with crimes perpetrated in armed conflicts or under dictatorships by establishing a legal regime that is both ad hoc, derogatory and retroactive. Many innovate and original mechanisms, both judicial and extrajudicial, can be mobilized to confront these crimes. In view of the experiences of various countries, it would nevertheless appear that the responses provided by the law to these situations are still insufficient and yet so necessary. The relationship between transitional justice and the Constitution has not been sufficiently studied by the doctrine and cannot continue to go unnoticed. These two notions interact dynamically and have a striking reciprocal influence. On one hand, the constituent power, both original and derived, constitutionalizes some of these mechanisms. On the other hand, the exercise of public authorities and the guarantee of fundamental rights provide a special framework for the establishment of a transitional justice process. Transitional Justice and Constitution are intrinsically linked in a relationship of constant confrontation which requires the reinterpretation of certain fundamental principles of constitutional law. In this context, the role of the constitutional judge becomes the main one to frame this process and also to slow it down. The present study shows that transitional justice can and must guarantee legal certainty of the situations it regulates, provided that they respect the guarantees enshrined in the Constitution