Documents found
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3362.More information
The preponderance of the État de droit in international political discourse warrants a comparison with the theory of the Rule of Law. The small number of comparative studies does not facilitate the exact determination of their reciprocal contents at the same time that implicit postulates of equivalence and concordance are developing. Discourse on basic rights and democracy favours this rapprochement within a perspective of the standardization of public law. Internationalization, indeterminacy and lack of differentiation among certain elements found in the problematics of the État de droit facilitate this comparison with the traditional demands of the Rule of Law. By recalling the special conditions that presided over the development of the État de droit notion and by a forced retrospective on the theoretical content of the Rule of Law, the author identifies elements of convergence and divergence. Despite differing origins, the two notions contribute — owing to the wealth of their content—to the empirical development of a syncretic model. Specific emphasis on the question of public law and the theory of the State within the problematics of the État de droit is conciliated without major difficulties with the traditional importance of referential values in the Rule of Law. To satisfy the demands of this rapprochement, a dilution of the original content of these two notions remains nonetheless the most plausible hypothesis as seen in the recent evolution of public law in Canada. In the Canadian context, this syncretism offers new perspectives for reflecting on the question of the general theory of the State and public law. It makes it possible to rejuvenate the question of public law within an evolution marked by the development of constitutional justice and the constitutionalization of law.
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3363.
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3366.
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3370.