Skip to Main content Skip to Navigation
Theses

ESSAI SUR LA CENTRALISATION ET LA DECENTRALISATION REFLEXIONS A PARTIR DE LA THEORIE DE Ch. EISENMANN

Abstract : This thesis offers a definition of the terms of centralization and decentralization in reference to the separation of power according to the sharing out of the faculties to give a ruling and to prevent between not central and central organs. By applying this definition to every level of the hierarchy of norms she offers a definition of the normative organization of States, notably unit and federal Etat, modes of organization of the production of the norm of second rank, and from the State centralisé and decentralized, modes in organization of the production of the norm of troisième rank, can she gives an account, in it fit, of the organization of normative power in France under the Vth Republic.
The first party shows that the terms of centralization and decentralization designed a mode of production of juridical norms in a prioritized, hierarchical juridical system in the exercise by not central and central organs of the faculties to give a ruling and to prevent cleared by Montesquieu.
The second party melts opposition between centralization and decentralization on a sharing out different from faculties to give a ruling and to prevent. Centralization, without excluding existence and participation of not central organs in the production of norm, translates a confusion of faculties to the advantage of central organs and decentralization expresses a division of the faculty to give a ruling between not central and central organs guaranteed by a faculty to prevent reciprocal. The impairment of this reciprocity will characterize an intermediate situation called "Déconcentralisation". This definition of terms allows to define the organization of normative power at every level of the hierarchy of norms.
The third party applies reasoning to the French normative system which gives by its incorporation in systems supra national – French Community and Union and European communities – on one hand, and by her internal normative organization on the other hand, a frame of exemplary cogitation.
Document type :
Theses
Complete list of metadatas

Cited literature [89 references]  Display  Hide  Download

https://tel.archives-ouvertes.fr/tel-00356228
Contributor : Joël Thalineau <>
Submitted on : Tuesday, January 27, 2009 - 9:13:29 AM
Last modification on : Monday, October 19, 2020 - 11:11:41 AM
Long-term archiving on: : Tuesday, June 8, 2010 - 7:35:35 PM

Identifiers

  • HAL Id : tel-00356228, version 1

Collections

Citation

Joël Thalineau. ESSAI SUR LA CENTRALISATION ET LA DECENTRALISATION REFLEXIONS A PARTIR DE LA THEORIE DE Ch. EISENMANN. Sciences de l'Homme et Société. Université François Rabelais - Tours, 1994. Français. ⟨tel-00356228⟩

Share

Metrics

Record views

3293

Files downloads

45056