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Nationalité et souveraineté

Abstract : This work aims to review the relationship between nationality and sovereignty. The bond between these two legal notions has repeatedly expressed itself as an absolute power of the State to determine which individuals it considers to be its nationals. Accordingly, nationality is widely selected to exemplify a State’s power with a high (if not the highest) degree of liberty. However, does this sovereignty “dogma” in nationality law still reflect current positive law? To further contribute to the debate, this thesis needs to examine – through a study of French domestic law, European laws, and International law – both the scope of the State’s jurisdiction and the discretion of its power. Then, results show that nationality law, because ofhistorical developments and contemporary transformation, is no longer able to express itself as a sovereign power. The connexion of nationality with the territory, its integration in the field of human rights, and the growth of judicial review are altogether eroding and erasing the State’s freedom to grant, deny or revoke nationality.
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Submitted on : Thursday, January 2, 2020 - 1:31:04 AM
Last modification on : Monday, December 14, 2020 - 9:16:08 AM
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  • HAL Id : tel-02426220, version 1



Jules Lepoutre. Nationalité et souveraineté. Droit. Université du Droit et de la Santé - Lille II, 2018. Français. ⟨NNT : 2018LIL2D007⟩. ⟨tel-02426220⟩



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