Paper's abstract

Roland Drago, Marie-Anne Frison-Roche, Mysteries and Mirages of the Dualities of the Judicial Orders and of Administrative Justice
The principle of duality in the judicial orders is apparently the basis for the distinction between public and private law, that it comforts, or even constitutes. However this vision of a primary and simple allocation of litigation is wrong, because the judicial judge constantly applies administrative law and the administrative judge now exercises repressive actions. Moreover, the contemporary social organisation, the weakening of the figure of the State, the importance of technical objects, the phenomenon of globalisation, etc. militates at the same time in favour of retaining and increasing specialised judges, such as the administrative judge, but also in favour of the unicity of a judicial order, linking these particularities.

Key Words : administrative justice, duality, globalisation, repressive
t. 41, 1997 : p. 135-147

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