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Theses

L'impartialité du Conseil constitutionnel

Abstract : Impartiality is a relative principle: an impartial judge is not a judge without individual opinions but a judge who has not decided yet, which means that his freedom of thought is intact. In contrast, a partial judge is a judge that has made up his mind and, consequently, lost his freedom of thought. This means that French constitutional judges can be impartial if they want to. However, impartiality is not just a matter of willingness: judges can be placed in a more or less favourable context regarding their impartiality. Indeed, the “risk of partiality” appears to be strong for the Constitutional Council. The appreciation of whether a legislative provision violates the rights and freedoms guaranteed under the Constitution is a subjective operation which leaves plenty of room for the judges’ personal bias. This risk can be overcome as constitutional judges possess tools to objectivise their reasoning. They are also subject to many juridical constraints which decrease the “risk of partiality.” This thesis also examines the various guarantees aimed at protecting and strengthening the impartiality of French constitutional judges. Those guarantees appear to be fragile. Reinforcing them would be beneficial for the Constitutional Council’s impartiality and, more broadly for the role of the Constitutional Council in our democracy, as a forum where constitutional and legislative meaning is discussed.
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https://hal-normandie-univ.archives-ouvertes.fr/tel-03331880
Contributor : Alexia David Connect in order to contact the contributor
Submitted on : Thursday, September 2, 2021 - 11:23:03 AM
Last modification on : Tuesday, October 19, 2021 - 11:34:54 PM

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  • HAL Id : tel-03331880, version 1

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Alexia David. L'impartialité du Conseil constitutionnel. Droit. Université de Caen Normandie, 2021. Français. ⟨NNT : 2021NORMC003⟩. ⟨tel-03331880⟩

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