WEIL (Prosper) – THE CONSEQUENCES OF THE ANNULMENT OF AN ADMINISTRATIVE ACT FOR ABUSE OF POWER
WEIL (Prosper) – THE CONSEQUENCES OF THE ANNULMENT OF AN ADMINISTRATIVE ACT FOR ABUSE OF POWER
    WEIL (Prosper)
    THE CONSEQUENCES OF THE ANNULMENT OF AN ADMINISTRATIVE ACT FOR ABUSE OF POWER
Édition :
    Paris
Date :
    1952
    in-8, paperback, untrimmed, good condition, [Ex-libris sec of P. Pactet, this book comes from the personal library of Pierre Pactet], 276 p.
    “On February 14, 1952, he defended his doctoral thesis on the consequences of the annulment of an administrative act for abuse of power, before a prestigious jury composed of Marcel Waline, who chaired the examination, Georges Vedel, and Charles Eisenmann. At the age of twenty-five, Prosper Weil defended a thesis that can be considered a model. The qualities that characterize his entire body of work are already present: the ability to get to the heart of the matter, freedom of thought, a knack for concise expression, and an anticipation of the future. Many theses today would benefit from adopting the format of Prosper Weil's, which presents his reflections in barely three hundred and fifty pages, without any of the ponderousness that too often clutters an argument. The young author thinks for himself and sometimes displays a freedom that borders on impertinence.” Thus, he does not hesitate to write that "Laferrière, usually so insightful, here commits a singular error of reasoning" or that an analysis by Dean Bonnard is "pure sophistry." In more diplomatic terms, the criticism can be directed at the Council of State itself, whose rulings, writes Prosper Weil, "say only what is essential and often even less." With a keen eye for imagery, Prosper Weil finds phrases that shed great light on legal constructs. He observes, for example, that "annulment for abuse of power is like a lava flow that sweeps away all obstacles in its path." Even more strikingly, he writes this: "As Moses said to the Hebrews, 'Behold, I have set before you blessing and curse, life and death—and you shall choose life,' so the Council of State restores to the administration its full freedom but implicitly adds, '—and you shall choose legality.'" (B. Stirn, The life and works of Prosper Weil, Academy of Moral and Political Sciences, 04/2022).

Référence : 55397

Mots-clés : Administrative Law

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