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Date de parution : 00:00:00
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Thématique : Autres - Autres

Adhérent : Bruylant

Présentation de l'éditeur

Parliamentary legicentrism has historically pervaded French legal culture with a great sense of mistrust towards judges, from the ordinary to the constitutional judge. Today, this mistrust has given way to a veritable "principle of trust", which is both evident prior to and subsequent to the rise in importance of legal affairs in the Constitutional State. The new stature of the judge in our system must be accompanied by a renewal of the theoretical status pertaining thereto.Supported by doctrine and public opinion, the judge is, above all, an authentic power; he takes on a genuine power of decision, as much through sanctioning the behaviour of the authorities, as through participating in joint determination of the norm's final significance. This is why he is also recognised as an anti-establishmentarian, seeking, through the expression of various parameters, the extra legitimacy necessary to acceptance in this new role.


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