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Estratto dal volume
Nuovi diritti e nuove tecniche di tutela della persona in tempi di crisi

A french constitutional perspective
DOI:  10.4399/979122182605010
Pagine: 189-201
Data di pubblicazione: Giugno 2026
Editore: Aracne
SSD:  IUS/09 IUS/14 IUS/21
The French system for protecting fundamental rights relies not only on the courts, but also on other major institutions such as the Human Rights Defender. As for the courts, their role has constantly been strengthened in a context that was traditionally not conducive to them, due to the initial desire (dating back to the French Revolution, and even to the Ancien Régime itself) of the political authorities to confine them to a mechanical role. This strengthening of the role of the courts in the protection of fundamental rights has been supported by effective judicial procedures, which have been taken up in particular by certain civil actors who are perfectly equipped legally and motivated by a desire to see the rule of law triumph. These actors are certain non-governmental bodies (legal entities under private law) that represent collective interests and are able to mobilise the rights and freedoms associated with these interests. These actors, whose activities extend beyond the trial stage (they also intervene before the trial against the public authorities and on the ground, for the benefit of certain vulnerable individuals), have been able to mobilise the law and its instruments to respond to the most important challenges facing our democratic societies: terrorism, health and migration crises, the climate emergency and artificial intelligence. Their actions, backed up by those of judges (mainly administrative and constitutional), have created new institutional and legal balances marked by their originality.
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