The Unwritten Sources of Administrative Law in French Legal System : Jurisprudence and Doctrine

Abstract

The purpose of this article is to present an introduction to two types of unwritten sources of French administrative law, Jurisprudence and Doctrine, from the study of french jurisprudence expériences in creating, finding and applying the general principles of the administrative law. The first part studies laws originating from the jurisprudence of the courts to understand the judicial power in creating laws. The second part studies how courts establish legal principles, including techniques and consequences of the court’s interpretation and application of written law to the case. The third section examines the legal principles arising from three types of academic teachings or explanations: the legal principles of scholars (La doctrine universitaire), legal principles from academic explanation of courts (La doctrine jurisprudentielle), and administrative legal principles ( La doctrine administrative).