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La durée des mandats politiques : approches institutionnelle et comparative

Abstract : Rarely, the duration of the political mandates is considered otherwise than as a subordinate in the analysis of political regimes while in everyday political life, it constitutes an essential fact of political practice. However, the duration of the political mandates is a data resulting from the implementation of concepts such essential to the definition of political living together as Democracy, Citizenship, Republic, Sovereignty and Representation. Starting from the premise that the concept is rarely questioned in terms of constitutional law, the analysis of the institutional provisions of countries with different legal traditions allows us to study the place that takes the concept of duration of political mandates and what role this concept plays in the institutional balance of each state. In this analysis, we have to take into account the theoretical duration of the mandate but also the possibility of a renewal or extend or, on the contrary, the various contingencies of its reduction. Because it constitutes an important factor of the delegation that the Sovereign People grants to the Representation, the notion of duration of political mandates should be at the heart of the Constitution of each State. We note, however, that such is not always the case where, sometimes, essential political mandates see their duration be set by the simple law. In addition, local political mandates, whose importance is growing in the minds of the citizens, are addressed in the legislative framework. Countdown of this first observation, there is also the theme of the duration of the political mandates in universal or regional international treaties. In a second phase, the analysis of the Constitutions in more than 70 countries shows that the duration of the political mandates is, initially, established with the characteristics that we want to give to the plan policy and that duration is, in turn, on the evolution of the political scheme, the mandates and their time interacting each other within same plan. Finally, if it can be seen that the most commonly accepted duration lies between four and five years, it should be note that, historically at least, the most generally practiced duration has varied according to balance admitted between respect for sovereignty of the people and latitude granted to representation, each experience highlighting the difficulty of establishing an intellectually satisfactory compromise between the citizen’s right and freedom of the rulers.
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Submitted on : Friday, March 30, 2018 - 9:50:22 AM
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Daniel Stricher. La durée des mandats politiques : approches institutionnelle et comparative. Droit. Université de Lorraine, 2015. Français. ⟨NNT : 2015LORR0154⟩. ⟨tel-01754469⟩



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