Search results for "pluralisme juridique"
showing 2 items of 2 documents
State and nation in African constitutionalism : thematic study
2013
Only the State had a legal personality at the end of the 1789 Revolution. Derived from the phrase "[t] he State is the legal personification of a nation", the above-mentioned personality endows the first (state), to the detriment of the second (the nation), subjective rights. What about after the democratic revolution of 1989, that is to say, some two centuries later? This study attempts to show the revanche of the nation in legal theory from a context in which it was particularly bullied. On the one hand, the nation has a double mediate and immediate representation of the fact that it participates, with an initial legislative power, the formation of the general Will. We also know that the …
La diversité des sources du droit aux Comores: entre droit occidental, droit islamique et droit coutumier
2012
L'articolo esamina lo sviluppo del diritto comoriano attraverso la metodologia stratigrafica The paper deals with the different sources of law in the Comorian legal system using the stratigraphic approach. The different legal layers and their interaction are examined, taking into accounts not only the law as presented in the official texts but also the living law. The result is a very fragmented and peculiar system where different and specific legal situations must be faced by those who deal with law in this African country. L’article prend en considération les différentes sources du droit dans le système juridique des Comores qui sont considérées à travers la méthode stratigraphique. Les d…