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Tuesday 24 November 2020
Ecole Doctorale 74
Faculté de Droit
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59000 - Lille -France
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Viva voce examinations of PhD Thesis

The implicit in administrative law (10-nov-07, 10:00)

10/11/2007 17:41 Age: 13 an(s)
Category: Public Law PhD, CRDP-ERDP, IRDP, Xavier Vandendendriessche

By: Anne Jennequin

This Public Law PhD thesis was realised inside the IRDP and supervised by Xavier Vandendendriessche

Studying the implicit in administrative law has allowed us to go beyond the apparent diversity of its uses, and to systematize it. The implicit is the result of the necessary implication method, which consists in confronting the manifestation of will to its context, in order to deduce the actions or norms which, although they are not expressed, will consequently, and inescapably, follow. According to this method, the implicit action or norm are considered, not as the expression of the perpetrator’s true will, but rather as a rational reconstruction a posteriori, of the will. It appears clearly to us that an absolute logic is at work behind such a method: the action or norm exist only because of their necessity, which makes them legally perfect, and any later intervention of an express manifestation of will on the same object, superfluous. The implementation of necessary implication must therefore remain strictly controlled, so as to prevent our legal system from becoming excessively dense and avoid any improper elimination of an express manifestation of will.

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