Recourse to Principles in Administrative Jurisprudence

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[...] In what way has recourse to principles allowed advancing administrative jurisprudence? Dissertation : Recourse to principles in administrative jurisprudence The preamble to the Constitution of 27 October 1946 proclaims different principles such as 'the fundamental principles recognized by the laws of the Republic' (PFRLR) or certain political principles, economic principles and social principles such as the equality of rights between men and women. The Larousse dictionary defines principles as being a 'set of moral rules governing the way someone, a group acts and which they respect scrupulously ». [...]

[...] n° 376229). As they rightly assert Mattias Guyomar and Bruno Genevois, the Council of State must adapt its jurisprudence and make appropriate adjustments in a perspective of research for the overall coherence of the law to the benefit of the litigants. [...]

[...] It is the case, for example, of the general principle of law relating to the obligation to repeal an illegal regulationgal issued from the decision "Compagnie Alitalia"Council of State February 1989, req. n° 74052) which has been taken up in article L243-2 of the code of relations between the public and administration. The consecration of these general principles has enabled the administrative law to be autonomized. Nevertheless, other principles have come to support the administrative jurisprudence in order to further strengthen the rule of law. II. [...]

[...] These GPL are constitutive elements of administrative law and have played «a structuring role in the construction of a law that frames the activity and decisions of the administration » for the former president of the contentious section of the Council of State, Bernard Stirn. Over the past few decades, the administrative judge has continually "discovered" or affirmed a multitude of principles, general law or otherwise, that have forged administrative law. In what way has recourse to principles allowed administrative jurisprudence to advance? [...]

[...] The recourse to other principles in administrative jurisprudence It will be demonstrated that the judge tends to rely on written norms, in particular of constitutional value in an objective of sanctuarisation of administrative law B. The recourse to constitutional principles to strengthen the right of the administered It is a matter of demonstrating in this sub-section that the administrative judge uses constitutional principles in order to anchor principles in time in an 'immutable' way. In fact, the trend of the Palais Royal judge is to make decisions based on principles inscribed in the Constitution rather than on existing PGD such as gender equality ( [...]