Dany COHEN - Is the Judge the Custodian of Liberties ?

Pouvoirs n°130 - L’état des libertés - septembre 2009 - p.113-125

Though he is called the custodian of individual liberties in our Constitution, the judge is in fact a more ambivalent figure. On the one hand, the extension of his domain of control, encouraged mainly by the European Court of Human Rights, has visibly improved the defence of liberties ; on the other hand, two threats, only superficially antagonistic, are represented by the disputable and often arbitrary use of his powers by the judge or by a restricted use of these powers, either deliberately or because of the lack of material means. Résumé

Référence électonique : Dany COHEN, "Is the Judge the Custodian of Liberties ?", Pouvoirs, revue française d’études constitutionnelles et politiques, n°130, 2009, p.113-125. Consulté le 01-06-2012. URL : http://www.revue-pouvoirs.fr/Is-the-Judge-the-Custodian-of.html