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La jurisprudence économique du Conseil constitutionnel

Abstract : The research analyses the economic content of the decisions of the French constitutional court. Which decisions can be qualified as economic decisions ? Is there a specificity of such economic decisions compared to other kinds of decisions ? We conclude that as far as economic policies are concerned we can observe a marked judicial self-restraint of the court. This judicial self-restraint can be interpreted as a sign of a kind of ″economic neutrality″ of the French constitution. Despite this apparent neutrality, it is possible to detect an underlying philosophy in the Constitutional Council’s decisions related to the judicial limitation of the legislator’s intervention and to the division of powers in the matter of economic policy. The analysis will be compared with the economic thinking, and will take into account the European construction, at a time when European Union impose burdens on Member States’ economic policies, and in a context calling for a redefinition of the structural links between law, economics and policy
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Submitted on : Wednesday, April 11, 2018 - 10:23:24 AM
Last modification on : Friday, September 2, 2022 - 10:49:46 AM

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  • HAL Id : tel-01763440, version 1


Roxane Jurion. La jurisprudence économique du Conseil constitutionnel. Droit. Université de Lorraine, 2017. Français. ⟨NNT : 2017LORR0176⟩. ⟨tel-01763440⟩



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