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Le droit politique comme théorie constitutionnelle : proposition de systématisation

Abstract : Droit politique is today a mystery. That utterance, which once refered to what is now usually called constitutional law, has disappeared from textbooks and is henceforth only used to describe a bygone age. Several french lawyers make however exception, by claiming that droit politique is a new way of dealing with constitutional matters. These authors distinguich themselves by showing their scepticism about the development of constitutional litigation. If they don’t deny that the constitutional jurisdiction has deeply transformed political systems, they prefer to value an institutional, historical and political definition of constitutional law. According to these lawyers, this is the way to build a constitutional theory. Droit politique is yet not always clearly or globaly defined. Still it is possible to detect some consistency into the many ideas it suggests, but those need to be systematized, in order to emphasize the contribution of droit politique to doctrinal dispute. The droit politique’s consistency can first be proven regarding its ontology, which offers a relevant analysis of positive law. Droit politique’s consistency is also methodological. Although implicit, its methodology appears as coherent as it is original.
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Submitted on : Monday, July 6, 2020 - 1:33:11 PM
Last modification on : Friday, February 5, 2021 - 9:54:02 AM
Long-term archiving on: : Friday, September 25, 2020 - 2:34:40 PM


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  • HAL Id : tel-02890501, version 1



Elsa Kohlhauer. Le droit politique comme théorie constitutionnelle : proposition de systématisation. Droit. Université Montpellier, 2019. Français. ⟨NNT : 2019MONTD013⟩. ⟨tel-02890501⟩



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