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L'idéal législatif du Conseil constitutionnel. Etude sur les qualités de la loi

Abstract : The crisis of the law is declared. Academics and practitioners anticipates in his(her,its) head and diagnose the troubles from which she(it) suffers. More the criticisms(critics) accumulate more is outlined the ideal legislative: the dreamed law. The present work stemming from a doctoral thesis supported at the University Paris X Nanterre suggests confronting the ideal legislative built by the doctors of the law in the history(story) of the legal and political thought and that defended(forbidden) by the constitutional judge. This confrontation allows to reveal a contrast seizing between the ideal of the judge and the means which he(it) has to progress towards his(its) realization. Control levers allowing to improve the quality of the law are then of another order... It is the author of the law, the legislator, who is the main thing(head teacher) responsible for the quality of the law. It is to him that returns the care of thinking of the law, of imagining outlines, of planning the effects. Remain then to know who is really this character named a legislator:The President, the Government, the Parliament, the judges or simply the citizens within the framework of the democracy.
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Contributor : Vito Marinese <>
Submitted on : Friday, September 23, 2011 - 5:11:38 PM
Last modification on : Thursday, October 29, 2020 - 3:01:50 PM
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  • HAL Id : tel-00626046, version 1


Vito Marinese, Marinese Vito. L'idéal législatif du Conseil constitutionnel. Etude sur les qualités de la loi. Droit. Université de Nanterre - Paris X, 2007. Français. ⟨tel-00626046⟩



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