The rule of law seized by the emergency: the example of labor law.

Authors
  • MRAOUAHI Sabrina
  • SACHS DURAND Corinne
  • DUQUESNE Francois
  • BUGADA Alexis
  • ADAM Patrice
  • MOIZARD Nicolas
  • BUGADA Alexis
  • ROBIN OLIVIER Sophie
Publication date
2014
Publication type
Thesis
Summary Urgent necessity, the emergency calls for a quick response. The law, a social rule, cannot ignore it. However, urgency is disturbing. Imposing an immediate reaction, it requires flexibility from the legal system. It justifies exceptions to the ordinary law. Violation of the rule of law organized by the Law itself, is there not an internal contradiction of the legal system harming its coherence? Undefined, the notion of urgency appears as an intra legem gap. Left in the hands of the interpreter, the rule appears imprecise and unpredictable. Is legal certainty not called into question? If urgency seems prima facie subversive, it actually invites the observer to modify his posture. It leads him to leave the comfort of a formal logic to adopt a realistic rationality, less respectful of the letter of the texts but more in conformity with their spirit. Far from being a disruptive element, urgency participates in the realization of the Law.
Topics of the publication
Themes detected by scanR from retrieved publications. For more information, see https://scanr.enseignementsup-recherche.gouv.fr