Skip to Main content Skip to Navigation
Journal articles

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.
Complete list of metadata

https://hal-univ-orleans.archives-ouvertes.fr/hal-03231170
Contributor : Scd Université d'Orléans <>
Submitted on : Thursday, May 20, 2021 - 3:02:29 PM
Last modification on : Friday, May 21, 2021 - 3:31:46 AM

Identifiers

  • HAL Id : hal-03231170, version 1

Collections

Citation

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

Share

Metrics

Record views

15