2017 (3) | 2016 (4) | 2015 (5) | 2014 (3) | 2012 (14)

Towards the End of French-Style ‘Negative Parliamentarism’? Introductory Questions to the Study of the 2008–2009 Constitutional Reform

Abstract: 
The study of parliamentary assemblies has long suffered in France (and sometimes elsewhere) from many misunderstandings affecting the subtle issues that form its subject matter. Those issues depend primarily on the nature of law in general and constitutional law in particular. One must begin in this regard by recalling the inanity of an abstract dual vision claiming to distinguish between (constitutional) law ‘in books’ and (constitutional) law ‘in reality’.

Citizenship as the Democratic Foundation for the Anti-Burqa Statute. Reflections on Death to the World and Voluntary Incarceration

Abstract: 
Wearing the full-face veil can be interpreted as a voluntary confinement, a voluntary incarceration or a “death to the world”. Under the “Ancien Régime”, this “death to the world” lived by Christian contemplative’s friars was considered by contemporary lawyers as a “civil death”. Nowadays this regime is closed to the one of missing persons (article 122 of the civil code).In February 1790, French revolution prohibited the perpetual vows in the name of the individual freedom of disengaging. In 1792, the assembly prohibited any religious costumes, even within convents, using the argument that, from the friar’s perspective, “the sacred act of religious profession prevails over social contract”. According to this established doctrine, to be in the citizen’s community suppose to be not, in the same time, “death to the world”. At least in the public space, considered as a “co-citizenship” space, since this withdrawal from the world is, by definition, a freedom in the private space.This interpretation suggests that the prohibition of wearing the full-face veil should be based on republican and democratic citizenship (article 1 of the constitution) instead of an ‘immaterial public policy’, legally fragile.

The Human Right to the Truth in International Law: On Some ‘Untimely Meditations’

Abstract: 
In the second part of his Untimely Meditations, Nietzsche asserts that the motto of History raised to the status of a science in the nineteenth century is fiat veritas, pereat vita. Nietzsche draws a line between the right uses of History that serve life, and the wrong uses that jeopardise life. This text seems to capture or encompass if not all at least many of the criticisms now levelled at the right to the truth. Starting from this critical discourse, the paper tries to answer the following question: might not this ambition to establish the truth and to make truth a ‘human right’ – that is, a universal right deemed to be inherent in human nature – lead to blockages and dead-ends, or even completely jam the social machinery so preventing its renewal and reproduction, in other words preventing it from living?To try answering this question, the paper presents the right to the truth in context in the legal texts as an emerging human right in international law before trying to describe the main challenges that the right to the truth must take up. In conclusion, the paper looks at the role that international supervisory bodies must play in securing the right to the truth nationally.

Highlighting Law through the Concept of Value

Abstract: 
The purpose of this study is to consider rules of conduct and the value judgements that they underpin in the light of material standards in common use and the physical measurements made with them. This heuristic parallel makes us fully aware of the very essence of legal rules and the way they work.

The State

Abstract: 
In this article about « the State »  published in a Handbook on administrative Law, it is claimed, in the first part, that the french professors of public law have forgotten that the State played a key role in the elaboration of the administrative law.  It is a striking feature when we compare the works of the two great Founders of the  administrative law, ie Léon Duguit and Maurice Hauriou (under the 3rd Republic) and their followers (Jèze, Waline and Vedel) who ignored the theory of State. In the second part of this article, it is argued that, nevertheless,  the theory of State may be useful to explain not only the structure of the « State apparatus », but also  some famous “case studies” (as some decisions of Conseil d’Etat : Dehaene, Popin, Papon, ) which illustrated both the unity and continuity of the State. All these cases reveals that the concept of sovereignty still continues to irrigate the french administrative law.