Search results for "conservative power"
showing 5 items of 5 documents
Le pouvoir royal (1814-1848). A la recherche du quatrième pouvoir ?
2021
This work sheds light on the representations of royal power that confronted each other until 1848 to fulfil the programme of reconciliation of the "two France" wanted by Louis XVIII. They are divided between the desire to return to the Ancien Régime and the attempt to renew the royal function. Opposed to the ultraroyalists, the supporters of this original path wished to consecrate liberal constitutionalism by resorting to an unexpected expedient, the power of the King, which had to be remodelled. As with Constant and Dunoyer, it was a question of creating a fourth power with its own essence and a new mission: to watch over the institutions. This regulating or preserving power produced a pas…
O poder moderador das forças armadas no Brasil. Uma leitura do General Bertholdo Klinger e da revista militar A Defeza Nacional (1913-1932)
2023
Organe des « Jeunes-Turcs », ces officiers réformateurs brésiliens partis en Allemagne entre 1906 et 1912 pour finaliser leur formation, la revue militaire A Defeza Nacional demeure aujourd’hui l’un des principaux lieux d’exposition de la doctrine des forces armées. Dirigée par Bertholdo Klinger, elle popularisa la thèse du pouvoir conservateur des militaires, moins sous l’angle constitutionnel que sous l’aspect social, du fait des interférences du « pouvoir spirituel » du positivisme comtien.
Reflexions on the introduction of the vocabulary of regulation in the field of law during the XVIIIth century and on its contemporary use
2017
According to a recurring lesson, the vocabulary of regulation would be of late introduction in the law language. Indeed, law professors substantiate this theory, conveyed by the sociologists : this word family would have first been introduced by the social sciences at the end of the XIXth century, before any use by the world of law. The present study tends, on the contrary, to demonstrate the existence and the continuity of the idea of regulation in law since the introduction, in the XVIIIth century, of the polysemous figure of the regulator ; a two-headed figure, applied as well to a power as to a judicial institution and to law, which separates and sometimes involves the regulation of a m…
O poder moderador nos países africanos de língua oficial portuguesa (PALOP). Panorama de um modelo constitucional programático
2021
For a long time, it was nonsense to defend the thesis that the Portuguese constitutional model could be taken over in the world of Portuguese-speaking Africa (Angola, Cape Verde, Guinea-Bissau, São Tomé and Príncipe, Mozambique). After gaining or declaring independence between 1973 and 1975, they were all inspired by 'socialist or Soviet constitutionalism', to the point of seeking the support of D.R.A. constitutionalists. The separation of powers, which was unacceptable because it was typical of the 'bourgeois constitutionalism' of Western countries, was even rejected in favour of the principle of unity of power, which in fact served the cause of the single party. The idea makes sense, howe…
Le constitutionnalisme octroyé - itinéraire d'un interconstitutionnalisme au XIXe siècle (France, Portugal, Brésil)
2019
This book could have been a simple history of constituent power in the 19th century, in countries that experienced the return of the king after tumultuous revolutionary episodes. It is, in part; the reader will find in it the legal and political debates on this question during the periods of contestation of national sovereignty in three deliberately selected countries: the Bourbon Restoration for France; the tumultuous monarchy of Portugal, from the granting of the constitutional Charter in 1826 to its fall in 1910; the Empire of Brazil, since the independence. However, we thought it would be useful to propose something else, by shedding new light on the little-studied phenomenon of granted…