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Le juge constitutionnel et le droit de propriété : un héritage difficile à assumer : Critique de la propriété
| Content Provider | Semantic Scholar |
|---|---|
| Author | Ricci, Roland |
| Copyright Year | 2001 |
| Abstract | Within our society, property law carries a powerful symbolic charge, around which certain components constitutive of the identity of the individual tend to crystallise. At the same time, property law is at the heart of certain choices in the political and social spheres. Both the contents and scope of property law are, to a large extent, dependent on the interpretations of constitutional articles handed down by the constitutional jurisdiction, when called upon to rule on the conformity of laws to the principles of constitution. Only with considerable difficulty does the constitutional jurisdiction manage to take on board the revolutionary heritage inscribed in the Declaration of the Rights of Man and of the Citizen of 1789. If we look beyond the court's stated fidelity to the revolutionary conception of property, what we observe is a much more circonspect stance. The judges of the constitutional court have in fact countenanced several infringements of the exercise of property rights, while refusing however to consider the general social implications involved. The contradictions in the constitutional jurisprudence concerning property rights clearly demonstrate the need to redefine the latter, starting out from the social functions involved. |
| Starting Page | 215 |
| Ending Page | 216 |
| Page Count | 2 |
| File Format | PDF HTM / HTML |
| DOI | 10.3917/amx.029.0111 |
| Alternate Webpage(s) | https://www.cairn.info/revue-actuel-marx-2001-1-page-111.htm |
| Alternate Webpage(s) | https://doi.org/10.3917/amx.029.0111 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
