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Chapitre D'ouvrage Année : 2020

The art of using legal fiction as a legal revolution solution: the case of Vichy

Résumé

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).

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Droit
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Dates et versions

hal-04529023 , version 1 (02-04-2024)

Identifiants

Citer

Emmanuel Cartier. The art of using legal fiction as a legal revolution solution: the case of Vichy. Belov, Martin; Abat, Antoni. Revolution, transition, memory, and oblivion : reflections on constitutional change, Cheltenham (UK); Northampton (MA; USA) : Edward Elgar Publishing, pp.126-143, 2020, 978-1-80037-052-4. ⟨10.4337/9781800370531⟩. ⟨hal-04529023⟩
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