CRUCIS (Henry-Michel) – COMBINATIONS OF NORMS IN FRENCH ADMINISTRATIVE CASE LAW, Contribution to the study of the normative power of the judge of abuse of power, Preface by René Hostiou, Public Law Library, vol. 161
CRUCIS (Henry-Michel) – COMBINATIONS OF NORMS IN FRENCH ADMINISTRATIVE CASE LAW, Contribution to the study of the normative power of the judge of abuse of power, Preface by René Hostiou, Public Law Library, vol. 161
    CRUCIS (Henry-Michel)
    COMBINATIONS OF REGULATIONS IN FRENCH ADMINISTRATIVE CASE LAW, Contribution to the study of the normative power of the judge of abuse of power, Preface by René Hostiou, Public Law Library, vol. 161
Édition :
    Paris
Date :
    1991
    octavo, paperback, Ex-Libris “F. Rolin”, good condition, XIX-377 p.
    "In exercising control over the legality of administrative acts, the administrative judge must first navigate through the countless texts of all kinds and values ​​that clutter the legal system. Undoubtedly, this is where his constructive approach increasingly lies, which he carries out by using various techniques that combine the relevant norms: the use of relatedness rules, reference legislation, and conflict-of-laws rules; the implementation of the exception of illegality, the substitution of the legal basis, and conciliation; the recognition of the hierarchical relationship, the relationship of gravity, and the independence of legislation; and a return to the old adages lex posterior, lex specialis, tu patere legem… All these tools, of course, have a directly operational function: to identify the legal basis and ensure the best possible control of the regularity of the norms referred to him." They also have a mediating function in regulating the legal order, ensuring that what is called the legal order does not remain a purely vague, incantatory formula, undermined by the proliferating production of legal norms. By proceeding in this way, the French administrative judge leads us to discover another aspect of "the mystery – perhaps inexhaustible – of case law as a source of law" (G. Vedel).

Référence : 56049

70,00 €

Mots-clés : Administrative Law, Sources of Law

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