The art of using legal fiction as a legal ...
Document type :
Partie d'ouvrage: Chapitre
DOI :
Permalink :
Title :
The art of using legal fiction as a legal revolution solution: the case of Vichy
Author(s) :
Scientific editor(s) :
Belov, Martin
Abat, Antoni
Abat, Antoni
Book title :
Revolution, transition, memory, and oblivion : reflections on constitutional change
Issue number :
Law 2020
Pages :
126-143
Publisher :
Cheltenham (UK)
Northampton (MA
USA) : Edward Elgar Publishing
Northampton (MA
USA) : Edward Elgar Publishing
Publication place :
Royaume-Uni de Grande-Bretagne et d'Irlande du Nord
Etats-Unis d'Amérique
Etats-Unis d'Amérique
Publication date :
2020
ISBN :
978-1-80037-052-4
Keyword(s) :
Transition constitutionnelle
Révolutions
Droit constitutionnel
Révolutions
Droit constitutionnel
HAL domain(s) :
Sciences de l'Homme et Société/Droit
English abstract : [en]
Among the transitional processes implemented following a Revolution or a revolutionary break in the legal and/or constitutional order, the one experienced by France after the fall of the Vichy regime is almost an exception ...
Show more >Among the transitional processes implemented following a Revolution or a revolutionary break in the legal and/or constitutional order, the one experienced by France after the fall of the Vichy regime is almost an exception in French constitutional history. The resulting restructuring both of the republican legal order and the French republican constitutional narrative, required an orchestration initiated by the ordinance of 1944 but mainly carried out by the Council of State, which decided in 2002 with the Papon case and recently in the Aristophil case to partly emerge from a fiction established by law in 1944 and at the origin of what the historian Henri Rousso described as "Vichy syndrome", that is to say a discrepancy between the factual, historical reality and the representation, particularly legal representation (qualification) of this reality. In the process, it went from one legal fiction (the non-existence of Vichy) to another (the assimilation of Vichy).Show less >
Show more >Among the transitional processes implemented following a Revolution or a revolutionary break in the legal and/or constitutional order, the one experienced by France after the fall of the Vichy regime is almost an exception in French constitutional history. The resulting restructuring both of the republican legal order and the French republican constitutional narrative, required an orchestration initiated by the ordinance of 1944 but mainly carried out by the Council of State, which decided in 2002 with the Papon case and recently in the Aristophil case to partly emerge from a fiction established by law in 1944 and at the origin of what the historian Henri Rousso described as "Vichy syndrome", that is to say a discrepancy between the factual, historical reality and the representation, particularly legal representation (qualification) of this reality. In the process, it went from one legal fiction (the non-existence of Vichy) to another (the assimilation of Vichy).Show less >
Language :
Français
Audience :
Internationale
Popular science :
Non
Administrative institution(s) :
Université de Lille
Research team(s) :
L’Équipe de Recherche en Droit Public
Submission date :
2024-04-01T14:37:24Z
2024-04-02T09:02:31Z
2024-04-02T09:02:31Z