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L'interprétation normative par les juges de la QPC

Abstract : The introduction of the The Priority Preliminary Ruling on the Issue of Constitutionality (QPC) leads to rethinking the relations between the supreme jurisdictions : Constitutional Council, Court of Cassation and Council of State. It also highlights the specificities of the judging’s function- and in particular the exercise by the judge of his interpretation’s power. In fact, by creating a direct link between the three supreme jurisdictions, the QPC blurs the boundaries of their respective jurisdictions and places them in a situation of interdependence that directly impacts the extent and the exercise of their hermeneutical power. Therefore, the QPC turns out to be the vector - that is to say, both the medium and the developer - of a very lively competition between the performers. Thereby, it is not possible to consider that a judge has the "last word" for the attribution of a meaning to the law or the Constitution - these two texts being jointly and simultaneously interpreted by the whole judges of the system. The QPC thus highlights the existence of an interpretive process that is both ongoing and uncompleted. The study of this litigation so lets understand the hermeneutical work done by the judge - by giving the opportunity to forge the concept of normative interpretation.
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Submitted on : Friday, March 1, 2019 - 11:50:20 AM
Last modification on : Tuesday, May 28, 2019 - 11:00:04 AM
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  • HAL Id : tel-02053369, version 1



Marine Haulbert. L'interprétation normative par les juges de la QPC. Droit. Université Montpellier, 2018. Français. ⟨NNT : 2018MONTD024⟩. ⟨tel-02053369⟩



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