CORMENIN (Louis de)
    ADMINISTRATIVE LAW, 5th revised and expanded edition
Édition :
    Paris
Date :
    1840
    2 vols. in-8, brown half-leather, spine with raised bands, gilt titles, fine copy, XLIV-568 / 492-106 p.
    Cormenin, along with Gerando and Macarel, is one of the three founding fathers of administrative law in the 19th century (see F. Burdeau, Histoire du droit administratif, PUF 1995, p. 109). Of these three authors, Cormenin is arguably the most modern. He was, in fact, the first to recognize the normative power of administrative case law, with judges having to compensate for the imperfections of legislation resulting from a tangle of texts that the author described as "monstrous." Beyond its contributions to the history of administrative law (for a concise overview, see P. Soudet, Une tentative plus que centenaire de systemématisation des principes juridictionnels du Conseil d'État: Cormenin, livre jubilaire du Conseil d'État, Sirey 1952, p. 257), this work constitutes a treatise on administrative litigation of exceptional scope and remains highly relevant today. While the book might be criticized for maintaining an alphabetical format for all the substantive aspects of administrative law, it must be emphasized that the section devoted to the procedure before the Council of State, on the contrary, has all the characteristics of a veritable treatise. Among the specific points that deserve highlighting given their current relevance, it should be noted that Cormenin observes that the King's Commissioners—now Government Commissioners—are an institution “very helpful to the State… because they are specifically charged with highlighting and supporting (its) interests,” which clearly demonstrates that at that time the notion of the independence of Government Commissioners was not yet established, even though a few pages later (p. 40) he emphasizes that “the King's Commissioner is obliged, by conscience and duty, to abandon the State's cause if it is not just.” In the supplement, the author also lists all the opinions issued by the Council of State between 1818 and 1840. This is an essential source on the Council's advisory role. Rare.

Référence : 12740

Mots-clés : Administrative Law

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