The Case of Contradiction Between Preserving Public Order and Observing Individuals’ Rights and Freedoms in French Administrative Law
摘要
The purpose of this study is to shed light on the French Council of State's role as an administrative judiciary. Its main objective is to find a balance between preserving public order through administrative police measures that may limit individuals’ rights and freedoms, while also ensuring the exercise of these rights and freedoms as guaranteed by the French Constitution. As a result, this study holds great constitutional and legal importance, as it aims to safeguard the rights and freedoms of individuals in both ordinary and extraordinary situations. In order to accomplish this objective, the study employs an analytical approach by examining the position of the French Council of State in addressing conflicting legal principles and how to find a middle ground between the demands of upholding public order and safeguarding individual rights and freedoms. Additionally, the study puts forth some potential solutions to attain this equilibrium.