BATBIE (Anselme)
    THEORETICAL AND PRACTICAL TREATISE ON PUBLIC AND ADMINISTRATIVE LAW, 2nd ed. and SUPPLEMENT containing legislation, case law, and comparative law from January 1, 1885 to January 1, 1893, by Armand BOILLOT
Édition :
    Paris
Date :
    1885 - 1886 / 1894
    8 + 1 vol. in-8, brown half-morocco, raised bands on the spine, gilt titles and volumes, a very fine copy except for some rubbing to the spines.
    Laferrière versus Batbie: this could summarize the intermediate period of administrative law, a transition from the empiricism of the Second Empire to the general and doctrinal frameworks of the turn of the century. Yet Laferrière and Batbie were not ideologically opposed: both were republicans, and while Batbie, as a member of parliament, was the principal inspiration behind the 1872 law, Laferrière, as vice-president of the Council of State, orchestrated its implementation. But the opposition between Laferrière and Batbie is, for the discipline of administrative law, far more fundamental. Laferrière provided the framework for a jurisprudentially inspired law, whose concepts are intertwined with procedural notions, and where administrative law is primarily the law of control exercised over the judge by the administration. On the contrary, Batbie provides the material for a law that is more public than administrative, connected to society, rooted in history and ideas, which clearly announces its ideological intentions (see Volume 1 on the individual and the State), which does not separate the study of civil liberties from the study of administrative law proper (it is undeniably under the influence of the Council of State that this distinction between civil liberties and general administrative law was made, or more precisely maintained, at the end of the 19th century), and which handles comparative law with unparalleled ease. Naturally, the counterpart to this culture, this intellectual richness, is an undeniable profusion (8 volumes where Laferrière needed only 2), a structure that sometimes conceals troubling logic (in Volume 1, the successive appendices concern the law on coalitions, banknotes, agricultural credit, economic freedom, the supplementary budget, etc.). Nevertheless, while Batbie undoubtedly lost the battle in terms of posterity, he undoubtedly won it in terms of the richness of thought and the freedom of doctrine.

Référence : 19627

Mots-clés : Public international law, Administrative law

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