Administrative law, public service, public power, general interest, jurisprudence, legal doctrine, administrative judge, non-codified law
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Abstract
This document discusses the challenges of defining administrative law through a single criterion, highlighting various doctrinal analyses and jurisprudential approaches.
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[...] Or again Didier TRUCHET for whom administrative law is the ensemble of French public law that applies to admin. activity, to the organization and functioning of the administration. For example, among many others, they who give a definition of what they think is, in their eyes, the very essence of administrative law. As a result, if it is so difficult to establish a stable and above all unanimous definition, it is because administrative law is not a codified law. There is at the origin of the search for a criterion of administrative law a double approach, one theoretical and doctrinal, the other pragmatic and mainly jurisprudential. [...]
[...] - Illustration of the criterion of uniqueness by an accrued jurisprudence B. A multiplicity of criteria provoking a perpetual search for a unique criterion of administrative law - The coexistence of several criteria leads to a doctrinal tension, particularly among authors. - Over time, administrative law is characterized by the absence of a unique criterion, it is a law with an adaptive capacity. Source : - https://droit.cairn.info/droit-administratif--9782340028180-page-9?lang=fr#s2n2 - https://documentation.insp.gouv.fr/insp/doc/SYRACUSE/518894/existe-t-il-un-critere-du-droit-administratif-jean-rivero-1953?_lg=fr-FR - https://gallica.bnf.fr/ark:/12148/bpt6k8347189q/f288.item - https://www.henricapitant.org/wp-content/uploads/2022/08/N°5-Revue-de-droit-Le-critere-du-droit-administratif.pdf - Lecture by Mr. [...]
[...] The public power asserted as a determining criterion - Opposition of the idea of public service with Hauriou's thesis, criticizes public service due to private actors. It prioritizes the idea of public power. - Development of the idea of prerogative of public power II. The existence of an administrative criterion strongly marked by a multiplicity of principles calling into question the uniqueness A. A multiplicity of principles breaking down any criterion of uniqueness - Rivero's idea, thinks that neither the public service nor the public power is sufficient to account for a precise and common delimitation. [...]
[...] The existence of a criterion for administrative law remains a wide-ranging debate within the community of legal specialists. Between the affirmation of public service as a reference criterion, and later seeing this criterion criticized in the face of the advent of certain activities subject to private law, it is therefore neither the criteria nor the criticisms that follow that destabilize the unanimity on the emergence of a criterion defining administrative law. Thus, it is possible to affirm today the existence of a unanimous criterion in administrative law? [...]
[...] The quest must be resumed, and a search conducted elsewhere. » This quote is an excerpt from Jean RIVERO in one of his legal reviews published in 1953. Jean RIVERO, born in 1910 and died in 2001, was a renowned jurist, one of the great masters of public law. Through this excerpt, one understands here the difficulty of defining administrative law from a unique and stable criterion. The image of unstable soil refers here to the idea that each attempt ultimately proves insufficient to encompass all manifestations of administrative law. It is a matter of starting to try to pose a definition of administrative law. [...]
