Intérêt général et droits fondamentaux

Abstract : How can Law define the concept of Liberty? In which ways does the theory of Law and Public Law define Liberty? Being virtually impossible to define, Liberty eludes any constraints. Nevertheless, one can sense it and on a daily basis can verify that the Liberty of some will inevitably clash with the Liberty of others. We suggest that public interest is an essential means of mediation enabling our fundamental rights to coexist. What is at stake in this study is the relationship between public interest and fundamental rights. This relationship can be of two kinds. On the one hand, insomuch as public interest is a political and legal notion intended to define rights and liberties, it is deeply rooted in fundamental rights. We will analyze the essential relationship which links public interest and fundamental rights. On the other hand, it is important to reconcile public interest and fundamental rights by conceptualizing public interest. We will therefore examine the existential relationship between fundamental rights and public interest.However, this analysis reveals that public interest remains a political concept, which has been given a legal function. It nonetheless contributes to defining the concept of Liberty. It demonstrates that a Law which would annihilate Liberty on principle would annihilate itself.
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  • HAL Id : tel-01279058, version 1


Nirmal Nivert. Intérêt général et droits fondamentaux. Droit. Université de la Réunion, 2012. Français. ⟨NNT : 2012LARE0028⟩. ⟨tel-01279058⟩



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