The Law and Jurisprudence
Molfessis, Nicolas
The Law and Jurisprudence - 2008.
93
The study of the relationship between the law and jurisprudence is certainly one of the favorite themes of French doctrine. Being open to specialists of public law and private law, to legal theorists and legal practitioners, the reflection about this relationship seems to be an endless endeavor. 1958 does not represent a turning point for the relationship between the law and jurisprudence. Yet, over fifty years, their relations have been deeply altered. The decline of the law and the changes in jurisprudence have disrupted their relationship and have opened a new era for our juridical system. In the same period, the emergence and development of judicial review have given a new role to the Constitution. In such a context of the constitutionalization of the law, the constitution has become an actor of the relations between the law and jurisprudence.
The Law and Jurisprudence - 2008.
93
The study of the relationship between the law and jurisprudence is certainly one of the favorite themes of French doctrine. Being open to specialists of public law and private law, to legal theorists and legal practitioners, the reflection about this relationship seems to be an endless endeavor. 1958 does not represent a turning point for the relationship between the law and jurisprudence. Yet, over fifty years, their relations have been deeply altered. The decline of the law and the changes in jurisprudence have disrupted their relationship and have opened a new era for our juridical system. In the same period, the emergence and development of judicial review have given a new role to the Constitution. In such a context of the constitutionalization of the law, the constitution has become an actor of the relations between the law and jurisprudence.
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