La part faite au juge
In: Pouvoirs: revue française d'études constitutionnelles et politiques, Heft 107, S. 22-36
ISSN: 0152-0768
The article describes the evolution of the relationships between judges and the law, from the establishment of the modern judiciary regime to our present time, as a progressive (re)emergence of the "power to judge". Over two centuries, civil judges, who were at first placed under the power of the law, have regained their power to interpret the law and even to challenge it through their normative jurisprudence, and finally to control its very legitimacy in the name of superior orders. Are we witnessing a return of the old judicial regime? Adapted from the source document.