Le Juge, Gardien Des LibertéS?

Abstract

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. © Le Seuil. Tous droits réservés pour tous pays.