KORNPROBST (Bruno) – THE NOTION OF PARTY AND THE RECOURSE FOR ABUSE OF POWER, Preface P. Weil, Bibl. de droit public, t. XXI
KORNPROBST (Bruno) – THE NOTION OF PARTY AND THE RECOURSE FOR ABUSE OF POWER, Preface P. Weil, Bibl. de droit public, t. XXI
KORNPROBST (Bruno) – THE NOTION OF PARTY AND THE RECOURSE FOR ABUSE OF POWER, Preface P. Weil, Bibl. de droit public, t. XXI
    KORNPROBST (Bruno)
    THE NOTION OF PARTY AND THE APPEAL FOR ABUSE OF POWER, Preface P. Weil, Bibl. de droit public, t. XXI
Édition :
    Paris
Date :
    1959
    in-8, half-leather with corners, upper edge gilt, gilt title on spine with five raised bands, cover preserved, (spine sunned), good condition, [this book comes from the personal library of Marcel and Jean Waline], V-393 p.
    “In this highly interesting work, Mr. Kornprobst endeavors to demonstrate that legal doctrine and case law are mistaken when they continue to assert, consistently and unanimously, that an appeal for abuse of power, being a challenge to an administrative act, does not involve any ‘parties.’ Legal scholars do not always grasp the scope of judicial decisions; and the Council of State fails to realize that some of the solutions it has adopted are incompatible with the traditional view that an appeal for abuse of power is not ‘a dispute between parties.’ Clearly, the task undertaken by Mr. Kornprobst was particularly arduous. Reading his work has left us with precisely the same impressions as those so eloquently expressed by Professor Weil in his remarkable preface. First and foremost, Mr. Kornprobst deserves praise, and for at least two reasons.” First, he tackled a well-known subject, but one that precisely needed updating after the 1953 reform of administrative litigation. Whatever one's opinion of the author's arguments, his book has the undeniable value of offering an original and modernized in-depth study of a fundamental question of public law. Following the veritable revolution brought about by the decree of September 30, 1953, it is crucial that legal scholars undertake a comprehensive examination of the new problems that arose, or the modifications that could be made to traditional approaches. While judges always strive, and with great care, to adopt a coherent body of case law, they only rule on specific cases, and in the order in which chance presents them. He can therefore only resolve the issues gradually, sometimes not in the logical order he would prefer (because, in this regard, only... "the parties" are in charge...) and often in a fragmentary manner. In such circumstances, a doctrinal synthesis is extremely valuable. Secondly, the synthesis produced by Mr. Kornprobst is all the more valuable as it demonstrates solid analytical skills, a perfect knowledge of case law, and great rigor in reasoning. (...) All those who are interested in administrative litigation will read it with pleasure and profit." (M. Leveneur, RIDC No. 2/1960, p. 451 et seq.).

Référence : 53892

Mots-clés : Administrative Law, Administrative Litigation

Malheureusement, ce livre n'est plus disponible.

Pour être informé lorsque nous recevrons un prochain exemplaire, merci de compléter le formulaire ci-dessous :

5 + 8 =

New acquisitions

1 25
View all