Jacques Caillosse

On Some Current Problems of French Administrative Law

  • Abstract

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The work examines some problematic questions of current French administrative law. In particular, the work focuses on profiles concerning the legal method of construction of administrative law, then going on to an analysis of the principal problems currently facing administrative law, which in the author's view entail a necessary change of identity of the same. Finally, the work deals with the issue of legal doctrine, raising questions about the producers of doctrine (university jurists and the Conseil d'Etat) and about the doctrine produced, which appears highly structured around the invariable constituted by positivist technocratic elements. According to the author, it seems the latter profile must undergo profound change able to respond to two concomitant phenomena: the building of Europe and globalisation, which create a new state of affairs where dominant legal thought is only partially able to explain and describe the reach and significance thereof.

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