La valeur conditionnelle des décisions collégiales étatiques

Clotaire Mouloungui
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Clotaire Mouloungui: Université du Littoral Côte d’Opale, Dunkerque, France

Les Cahiers du CEDIMES, 2024, vol. 19, issue 4, 42-65

Abstract: Power and might are not only illustrated by the possession of material wealth. It may in fact also be the possibility of imposing or prohibiting individuals and firms (small or large) from certain facts and acts. This is a prerogative enjoyed by the State, as well as its national and local components. A prerogative which is implemented through public decision-makers (ministers, elected officials or administrators). But collegial decisions are often subject to the meeting of a quorum. This can then be compromised by the absenteeism of some of the members of the institution concerned. However, the ideal would be, if not unanimity, at least a large majority. The deliberation nevertheless adopted when there was no quorum is voidable. The question of the legitimacy of decisions also arises when the decision-maker is the people themselves, during an electoral consultation. The elected people appear insufficiently representative, and their decisions not very legitimate.

Date: 2024
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DOI: 10.69611/cahiers19-4-03

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