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Administrer et gouverner. Histoire d'une distinction

Abstract : The distinction between administrating and governing essentially lies on a doctrinal basis. This article aims to present its history since the XIXth century. The distinction appeared when the activity of the Executive started to outreach what could be considered as purely executive. It was also important to distinguish between acts that could be challenged in court and ones that could not. To establish this distinction, the authors of the doctrine used either a hierarchic criterion, or a political criterion, or a criterion opposing the exceptional to the ordinary, or a criterion based upon the juridical basis of the act. None of those criteria have garnered unanimous support, mainly because the doctrine prefers organic criteria that cannot be applied in this case.
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Submitted on : Thursday, May 20, 2021 - 3:02:29 PM
Last modification on : Tuesday, October 12, 2021 - 5:20:36 PM


  • HAL Id : hal-03231170, version 1



Pierre Serrand. Administrer et gouverner. Histoire d'une distinction. Jus politicum. Revue de droit politique, 2010, 4. ⟨hal-03231170⟩



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