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Recherches sur la catégorie juridique de Constitution et son adaptation aux mutations du droit contemporain.

Abstract : Recent changes in contemporary law led legal scholars to consider the possibility of a european or international constitution. Thinking on this question seemed to be deadlocked by the ambiguity of the word "constitution". Indeed, it can refer both to a dogmatic category within a legal system and to a theoretical concept used to understand and compare different systems. This separation, unavoidable from a positivist perspective, leads to scrutinise the adaptation of the constitution on two distinct levels. The study of the constitution as a dogmatic category faces epistemological obstacles, demanding a look back at jurisprudence. Its definition therefore becomes a particular speech act's set of extralinguistic success conditions, defined by a constitutive rule. This approach can contribute to the knowledge of the French dogmatic constitution category without setting a full definition but it can also relativise its role in the current adaptation of the constitution category. The study of the constitution as a theoretical notion involves a critical examination of existing work and the rejection of the traditional dichotomy between material and formal definitions. It can in fine be conceived as a supreme norm of a particular type which until know exists only at the state level but could conceptually be extended to a multistate level.
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Submitted on : Thursday, March 29, 2018 - 2:03:34 PM
Last modification on : Monday, February 25, 2019 - 3:28:06 PM


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  • HAL Id : tel-01752976, version 1


Yann Laurans. Recherches sur la catégorie juridique de Constitution et son adaptation aux mutations du droit contemporain.. Droit. Université Nancy 2, 2009. Français. ⟨NNT : 2009NAN20009⟩. ⟨tel-01752976⟩



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