Paper's abstract

Moïse Nembot, Legal Order and "Legislative Neutrons"
Any text has the meaning the reader gives it. By interpreting and applying a legal text, the legislator, the civil service and the judge exercise a power of creation on the norm they negate. They may decide in conscience if an act, submitted to them, is a norm or a mere statement of intention. And so they create legislative neutrons and other inoperative acts. Shattering the legal order, the constitutional judge succeeds in placing ordinary laws above the general laws by depriving these of their validity. Far from the process of controlling the conformity of the act to the superior norm that is the basis of a legal order, the constitutional judge, convinced by the doctrine, exerts himself in order to deprive acts from their legal efficiency by using the substitution of power in value of law. With justifications he tries, like the traditional is leading him to, to hide his power of wanting and disguises his discretionary power into a linked competence. In fact, it is a dominant ideology, typical of a centralised power in which the authority creates the norm it pretends to be applying, including its own competence for producing epiphenomenons.

Key Words : norm, constitution
t. 43, 1999, p. 349-357

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