administrative law

The State

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.