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The State Council and the making of the law

Doctor :Laure BOUVIER
Director :M. Yves GAUDEMET
Thesis date :04 December 2013
Hours :9h30
Discipline :Law
Add to calendar 12/04/2013 09:30 12/04/2013 12:30 Europe/Paris The State Council and the making of the law If we stick to a formal vision, participation of the Council of State in making the law appears malrked by a remarquable permanence and stability since its inception in the year VIII. A closer examination reveals a more complex truth. Until its constitutionalization in the Fifth Republic, the parti... false MM/DD/YYYY
Jury :

Yves GAUDEMET - Professor (université Paris 2 Panthéon-Assas)

Diane DE BELLESCIZE - Professor (université du Havre)

Pierre DE MONTALIVET - Professor (université Paris Est Créteil)

Philippe LAUVAUX - Professor (université Paris 2 Panthéon-Assas)

Bernard PECHEUR - Adviser

If we stick to a formal vision, participation of the Council of State in making the law appears malrked by a remarquable permanence and stability since its inception in the year VIII. A closer examination reveals a more complex truth. Until its constitutionalization in the Fifth Republic, the participation of the Council of State in making the law was faced with the problem of legitimacy. This is a different issue that the Council of State is currently facing in the exercise of its legislative function, the one of its expansion in public institutions since the constitutional revision of the 23th July 2008 which amended its place in the legislative process. As part of its participation in the law, the Council of State has also to deal with the transformations the legal system has to face today, and in particular the phenomenon of diversification of sources of law that controls a necessary adaptation of its organizational framework, its methods and its analytical framework.