Julien Jeanneney, a Professor of Public Law at the University of Strasbourg and a member of the Institut universitaire de France, conducts research in French and foreign constitutional law, legal theory, administrative law, and human rights.
He wrote a doctoral thesis on “constitutional gaps” (Dalloz, 2016; Albert Viala - Institut de France Prize), a critical edition of Pierre-Louis Rœderer’s constitutional writings (Dalloz, 2022), a book on the history of Supreme Court appointments in the United States (American Fever. Selecting Supreme Court Justices, 18th-21st Centuries, CNRS Éditions, 2024; “Legal Thought Provocateur of the Year” Prize; Charles Aubert Prize in Law, Académie des Sciences Morales et Politiques), and an essay on electoral law (Against Proportional Representation, Gallimard, 2024). Additionally, he has published various peer-reviewed articles and contributed to collective works. Alongside Samy Benzina, he co-edited a volume on the relationship between law professors and the Constitutional Council (Legal Scholars and the Constitutional Council, Dalloz, 2024).
A former student of the École Normale Supérieure, holding a master’s degree in public law and philosophy, a Ph.D. in law from Panthéon-Sorbonne University, and an "agrégation" in public law, he has been a Jane Eliza Procter Fellow at Princeton University, a visiting researcher at Yale Law School, and an associate professor at Panthéon-Sorbonne University.
He wrote a doctoral thesis on “constitutional gaps” (Dalloz, 2016; Albert Viala - Institut de France Prize), a critical edition of Pierre-Louis Rœderer’s constitutional writings (Dalloz, 2022), a book on the history of Supreme Court appointments in the United States (American Fever. Selecting Supreme Court Justices, 18th-21st Centuries, CNRS Éditions, 2024; “Legal Thought Provocateur of the Year” Prize; Charles Aubert Prize in Law, Académie des Sciences Morales et Politiques), and an essay on electoral law (Against Proportional Representation, Gallimard, 2024). Additionally, he has published various peer-reviewed articles and contributed to collective works. Alongside Samy Benzina, he co-edited a volume on the relationship between law professors and the Constitutional Council (Legal Scholars and the Constitutional Council, Dalloz, 2024).
A former student of the École Normale Supérieure, holding a master’s degree in public law and philosophy, a Ph.D. in law from Panthéon-Sorbonne University, and an "agrégation" in public law, he has been a Jane Eliza Procter Fellow at Princeton University, a visiting researcher at Yale Law School, and an associate professor at Panthéon-Sorbonne University.
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Recently published
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To be published
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Curriculum Vitæ
Academic Positions
Member — Institut Universitaire de France (2025-2030)
Professor of Law — University of Strasbourg (since 2018)
Visiting Research Scholar — Yale Law School (Spring 2017)
Associate Professor — Sorbonne Law School (2015-2018)
Teaching and Research Fellow — Sorbonne Law School (2010-2015)
Education
Ph.D., Public Law — Panthéon-Sorbonne University (2010-2014)
- Dissertation: "Constitutional Gaps"
- Advisor: M. Verpeaux
- Committee: D. de Béchillon, X. Magnon, E. Picard, G. Tusseau
- Prizes awarded: Dalloz Prize (2015); Albert Viala - Institut de France Prize (2016)
Paris Bar (2011)
Princeton University
- Jane Eliza Procter Fellow, Graduate School, Department of Politics, Woodrow Wilson School (2008-2009)
Panthéon-Sorbonne University
- Law — Licence (2007), Master 1 "International Law" (2008), Master 2 "Public Law" (2010)
- Philosophy — Licence (2006), Master 1 (2007), Master 2 "Philosophy and Society" (2009)
- History — Licence (2006)
Ecole normale supérieure
- Humanities, competitive exam (2005), graduation (2010)
Against Proportional Representation
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Contre la proportionnelle
Gallimard, coll. Tracts, 2024, 64 p.
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France is experiencing a deep crisis of confidence in its institutions, most recently reflected in the 2024 legislative election results. In response, some intellectuals and political leaders have proposed reintroducing proportional representation for parliamentary elections. Draped in the language of virtue and fairness, the idea may appear appealing at first glance—but it is a mirage. The cure would prove worse than the disease, widening the gap between the nation and its representatives while claiming to bridge it. Grasping this paradox is essential to steering clear of the danger it presents.
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American Fever
Choosing Supreme Court Justices, 18th-21st Century
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Une fièvre américaine
Choisir les juges de la Cour suprême, XVIIIe-XXIe siècle CNRS Éditions, 2024, 390 p.
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Across the landmark decisions of the Supreme Court that have shaped the United States, the selection of its justices has evolved into one of the most scrutinized events in American political life, often resonating on a global scale. This process increasingly resembles national electoral campaigns in several respects. Millions of dollars are spent, press campaigns are orchestrated, provocative films are released, and scandals are unveiled.
How can we understand that a seemingly straightforward procedure – the selection of judges – has come to ignite such collective passions? This work traces, over the long term, some of the fierce battles that can be explained by the significance of the issues these justices have faced: the abolition of slavery, the fight against monopolies, the New Deal, desegregation, voluntary termination of pregnancy, gun rights, electoral participation, and more. The book offers a portrait of America through the debates sparked at different periods by the selection of the men and women entrusted with the critical power of officially interpreting the Constitution, and thus contributing to shaping the nation as a whole. |
Legal Scholars and the Constitutional Council
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La doctrine
et le Conseil constitutionnel, co-edition with Samy Benzina Dalloz, coll. Thèmes & commentaires,
2024, viii + 439 p. 
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The Constitutional Council has always been closely observed by legal scholars. However, as the institution and its powers have evolved, their relationship has undergone profound changes over the past sixty-five years. With the benefit of historical hindsight, it is now possible to capture the complexity and ambivalence of this relationship over the long term. To this end, a group of professors and practitioners from diverse doctrinal traditions and countries has been brought together to reexamine the individuals, generations, methods, and intellectual exchanges that have shaped this unique and evolving bond.
Through these pages, an original portrait emerges, offering fresh insights into the French approach to studying and delivering constitutional justice, as well as the broader contribution of both professors and judges to the development of French constitutional culture. With contributions from Jordane Arlettaz, Denis Baranger, Olivier Beaud, Nicole Belloubet, Samy Benzina, Guillaume Boudou, Bertrand-Léo Combrade, Guillaume Drago, Benjamin Fargeaud, Aurore Gaillet, Julien Jeanneney, Matthias Jestaedt, Elina Lemaire, Anne Levade, Bertrand Mathieu, Benoît Plessix, Agnès Roblot-Troizier, Dominique Rousseau, André Roux, Charles-Édouard Sénac, Michel Troper, Ariane Vidal-Naquet, and Gustavo Zagrebelski – along with interventions, notably, from Mattias Guyomar, Olivier Jouanjan, Didier Maus, and Patrick Wachsmann.
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Constitutional Writings of Pierre-Louis Rœderer
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Pierre-Louis Rœderer,
Écrits constitutionnels, introduction and critical édition Dalloz, coll. Bibliothèque Dalloz,
2022, xxxii + 375 p. 
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Introduction and critical edition of ten texts on constitutional law by Pierre-Louis Rœderer - including one unpublished text found in the French National Archives. A jurist and a major member of Napoleon's first Council of State, Rœderer played an important role during the Revolution and the Empire. Between 1788 and 1835, he expressed his constitutional thinking in a number of notes, articles and pamphlets. The interest of these texts stems both from their theoretical scope and from what they reveal: a singular narration of the events of the Revolution, placed in the service of an institutional project. Through them, Rœderer contributes to forging a collective understanding of a political modernity then under construction. Beyond an apparently descriptive project of the revolutionary events, his work conceals a prescriptive ambition, with two main dimensions: the consolidation of a sovereign political community which requires, according to him, a representative form of government.
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Constitutional Gaps
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Les lacunes constitutionnelles
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This research started from the claim, made by Hans Kelsen and many other scholars, that gaps are impossible in legal systems in general and particularly in constitutional systems. The book shows that despite the diversity of books and articles striving to prove the impossibility of gaps, in several countries, since the end of the 19th Century, the very idea of gap remains largely vague when used by legal scholars. Hence, it was important to confront the many concepts put behind the word "gap" and positive legal systems, and especially the French 1958 Constitution – the goal of this confrontation being to shed some light on the relative values of each of those concepts.
The first part of the book is based on a "descending" reasoning: starting from the usual claims in legal theory regarding legal gaps, and arriving to positive law, the book shows that constitutional gaps are based on some legal dogmas. Firstly, constitutional gaps are hard to know. One is always prevented by some systemic and linguistic impediments to fully know the gaps. The former impediments proceed from a dogmatic imaginary that surrounds the systemic vision of legal norms. The later impediments prove to be the consequence of indeterminacy in legal communication. Secondly, constitutional gaps are hard to deny. The books shows how limited are the usual claims made in order to prove the necessary completeness of legal systems, when confronted with positive law: first, the arguments based on the idea of an implicit subsidiary norm, ponctual or general, supposed to guarantee the completeness of a system which seems to have a gap; then, the arguments based on the idea of the irrelevance of legal gaps, since the enforcement of legal systems always enable the judge to fill such gaps.
The second part is based on an "ascending" reasoning: starting from positive law, and arriving to claims in legal theory regarding legal gaps, the book shows the actual effects of the argumentative use of the idea of gaps by several interprets of the law in general, and of the French 1958 Constitution in particular. Firstly, constitutional gaps are phenomena presented as something that one can simply discover in the law. As such, gaps are an imperfect measuring tool. Such imperfection derives from the tendency of legal scholars to call "gaps" the consequence of the confrontation of the law as it is, and of the law as it ought to be, or to call "gaps" the technical situation in which the lack of a legal norm deprives a superior norm of legal efficiency. The books claims that a new concept of gaps – called "institutional gaps" – is useful to designate situations in which the lack of a constitutional norm can be deemed more objective than others. Secondly, in a strategic perspective, legal gaps tailored by the interpret that claims that they exist appear a subversive legal tool. Axiological gaps are a model of legal argumentation, used by public authorities or by constitutional judges in order to circumvent constitutional provisions. The book shows how efficient such a tool can be.
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Peer-Reviewed Articles
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"Cincinnatus' Toga:
Presidential Term Limits in the United States" Revue belge de droit constitutionnel,
[To be published, 2025] |
Recent speculation about the possibility of Donald Trump seeking a third presidential term invites renewed scrutiny of term-limit constraints on the U.S. presidency. What appears at first glance to be a straightforward obligation – that a president step down after two terms – was, for much of American history and in the silence of the 1787 Constitution on the matter, understood as a constitutional convention: a political and moral norm rather than a legally binding rule. That view, however, revealed significant weaknesses. Since the ratification of the Twenty-Second Amendment in 1951, the two-term limit has been formally enshrined in the Constitution, yet its codification has rendered it vulnerable to competing interpretations aimed at diluting its force. Examining this prohibition and the successive readings it has elicited highlights both the temporal dimension of presidential power and the inherently political character of constitutional interpretation in the United States.
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"In the Eye of Legal Scholars:
Early Readings of the Abortion Case of 1975" Revue française de droit administratif
[To be published, 2025] |
With fifty years of perspective, the Abortion case of 1975 ("Interruption volontaire de grossesse" decision) remains among the most consequential in the jurisprudence of the French Constitutional Council. No earlier ruling elicited such a profusion of doctrinal responses, spanning widely circulated press commentaries and scholarly analyses across diverse branches of law. A systematic examination of these writings elucidates the varied modalities of legal scholars' engagement – ranging from civic debate addressed to a broad public to processes of institutional and jurisprudential legitimation and critical appraisal – thereby enriching our understanding of the history of constitutional adjudication and the interplay of legal orders.
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"An “Illiberal” U.S. Supreme Court? Misreading a Label"
Revue internationale de droit comparé,
vol. 77, n°3, 2025, p. 61-78 |
The reaction to Dobbs – in which the U.S. Supreme Court, half a century after first recognizing it, withdrew federal constitutional protection for a woman’s right to terminate a pregnancy – has led some commentators to classify the Court among “illiberal” tribunals. A close analysis of that concept, of the Court’s recent jurisprudence, of the apparent orientations of its members, and of the institutional consequences of its rulings supports a different conclusion: whatever concerns may exist about an evolution in that direction, such a characterization cannot, at this stage, be sustained.
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"The Prodded Sovereign: Constitutional Amendment Projects
before the French Council of State (1960-2018)" Jus Politicum
vol. 33, n°3, 2025, p. 55-87 |
Few institutional activities have remained so neglected in constitutional scholarship as the role of the French Council of State when consulted on proposals to amend the Constitution. This study draws on two primary sources: the corrected draft texts and explanatory notes that the Council of State transmitted to the government between 1960 and 2018, and the official minutes of the Council’s General Assembly deliberations on major constitutional-revision projects during the first two decades of the Fifth Republic. The analysis shows how members of the Council of State, combining intellectual acumen with personal ambition, sought to shape the exercise of constituent power, while revealing their own implicit conceptions of constitutional norms.
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"The Twilight of Candor:
The Romanian Constitutional Court on the Front Line" Revue française de droit administratif,
vol. 41, n°3, 2025, p. 563-576 |
Is constitutional self-defense an appropriate response to the rise of illiberal political forces – at the risk that a democracy’s struggle to protect itself becomes a struggle against itself? In three recent rulings, the Romanian Constitutional Court has, in quick succession: (a) broadened the grounds on which it claims authority to block a presidential candidacy; (b) annulled the first round of a presidential election and ordered the process restarted from scratch in anticipation of a new vote scheduled for spring 2025; and (c) preemptively barred the candidate whose conduct triggered the annulment from competing in that new election. Taken together and set in context, these rulings shed a new light on the debate over “militant democracy” and the rise of constitutional illiberalism.
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"Reasonable Accommodations: How to Improve the Functioning
of the Constitutional Council" Actualités juridiques. Droit administratif,
n°19, 2025, p. 955-968 |
Despite the steady expansion of its powers, the French Constitutional Council has changed little in its practical operation over the past several decades. A number of reforms are proposed here, mindful of the structural constraints weighing on the institution: relaxing procedural time limits in practice; setting a maximum age for appointment; imposing clearer criteria on appointing authorities; and reorganizing the legal support provided to Council members. Together, these measures could enhance the Council’s collegiality, improve its efficiency, and strengthen the intellectual independence of its members.
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"Themis Unarmed:
Political Capture of Venezuela’s Supreme Tribunal of Justice" Revue française de droit administratif,
vol. 40, n°6, 2024, p. 1161-117 |
As opposition candidate Edmundo González Urrutia appeared to have won Venezuela’s presidential election of 28 July 2024, several state institutions – foremost among them the Supreme Tribunal of Justice – moved to engineer a post-election fraud in favor of the incumbent, Nicolás Maduro. This episode illustrates how a political regime can seize control of the judiciary, extinguishing any aspiration to independence or impartiality. It also raises broader questions about how the very idea of constitutional justice can be inverted when courts born of a liberal tradition actively work to diminish its reach, thereby accelerating the erosion of constitutionalism itself.
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"The Dangers of Assigning
an Economic Doctrine to a Constitutional Court: The U.S. Supreme Court during the “Lochner Era”" Revue française de droit administratif,
vol. 40, n°4, 2024, p. 634-637 |
Is it meaningful to speak of the “economic doctrine” of a constitutional court? The phrase evokes several distinct ideas that must be carefully distinguished: the personal preferences of the judges, a particular conception of the court’s jurisdiction, or a set of policy objectives in the economic sphere. Focusing on one of the moments when a constitutional court was most closely associated with economic policymaking – the U.S. Supreme Court’s “Lochner era”, spanning roughly 1897 to 1937 – this article argues, first, that the very existence of such an economic doctrine is doubtful, and second, that even if it did exist, multiple obstacles would likely prevent it from being coherently identified.
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"Building on Sand:
The Israeli Supreme Court Strikes Back" Revue française de droit administratif,
vol. 40, n°3, 2024, p. 557-569 |
On the eve of October 7, 2023, Israeli political life is deeply embroiled in a severe political and constitutional crisis. This crisis stems from a sweeping judicial reform proposed by Prime Minister Benjamin Netanyahu’s government. A constitutional law has been introduced that obstructs the judicial review of governmental actions based on their “reasonableness.” When called upon to review this law, the Supreme Court delivered, on January 1, 2024, a decision that is unprecedented in two significant ways. First, the Court asserted its jurisdiction to review the constitutionality of constitutional laws in extreme and exceptional cases where the Knesset (Parliament) exceeds its constituent authority. Second, the Court ruled that this particular constitutional law, which seeks to curtail its own powers, is unconstitutional. This landmark decision, rich in complexity, raises a variety of legal and constitutional challenges, warranting a thorough critical analysis.
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"Perpetual Interim:
The Spanish Constitutional Court Doomed to Disgrace" Revue française de droit administratif,
vol. 39, n°6, 2023, p. 1138-1149 |
Is judicial independence in Spain nothing more than an empty phrase? The image of the judiciary, seemingly driven by political motives, appears to be deteriorating. It has become increasingly common to attribute some of these institutional deviations to the governing body of the Spanish judiciary: the General Council of the Judiciary (Consejo General del Poder Judicial). Despite various legislative reforms since 1978, the Council is suspected of serving partisan interests. Five years ago, the Council was due for a complete renewal for a five-year term, but it has since been forced into an extended interim period due to a lack of agreement on the appointment of its members. This situation has resulted in a unique constitutional configuration, which has been brought before the Constitutional Court on three occasions. Each time, the Court’s decisions have sparked criticism. These criticisms are the subject of a thorough contextualization and critical analysis here, exploring the underlying issues and implications of the prolonged impasse within the Spanish judiciary.
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"Brutalizing the Constitution:
The Pension Crisis Hardball" Jus Politicum,
vol. 30, 2023, p. 85-102 |
The pension reform of the spring of 2023, like previous political events, stirred up fervor, enthusiasm, and antagonism. However, unlike others, it left a bitter aftertaste, signaling a weakening of the very institutions that could have claimed victory. This article highlights a twofold brutality in institutional behavior, both by the government and its parliamentary supporters, who resorted to unprecedented utilization of the mechanisms of streamlined parliamentary procedures, and by certain deputies who opposed the reform. To characterize these events, the article scrutinizes the relevance of various concepts, such as regime crisis, political crisis, and constitutional crisis, with particular emphasis on the illuminating concept of "constitutional hardball”.
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"Motives on Trial:
The South African Constitutional Court Confronting SLAPP Suits" Revue française de droit administratif,
vol. 39, n°3, 2023, p. 561-572 |
SLAPP suits are proliferating across various regions of the world. Companies often file lawsuits, typically in civil court, against activists, journalists, or members of non-governmental organizations, demanding substantial damages. The litigation serves as a mere instrument for a more insidious goal: to exhaust the defendants financially and emotionally, pressuring them to retract their statements, issue public apologies, and remain silent in the future – while simultaneously deterring others from voicing similar criticisms. In response to the rise of these practices, various laws have been enacted to counteract their growth. However, in the absence of legislative action, the South African Constitutional Court, in November 2022, empowered defendants in such cases to defend themselves, focusing exclusively on procedural grounds. This article offers a critical analysis of the Court’s approach.
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"Free to Die?
The Italian Constitutional Court’s Lone Crusade" Revue française de droit administratif,
vol. 38, n°6, 2022, p. 1151-1160 |
In various states, the decriminalization of active assistance in dying – whether through assisted suicide or euthanasia – has been implemented or is under consideration. Several constitutional courts have weighed in on the matter, sometimes by slowing down parliamentary reforms or by urging parliaments to address the issue. Through an order and two rulings issued between 2018 and 2022 in the “Cappato case,” the Italian Constitutional Court has prompted Parliament to partially liberalize assisted suicide, taken steps to this end after noting Parliament’s inaction, and subsequently blocked a referendum proposal aimed at reducing the scope of criminal penalties for euthanasia. While ostensibly leaving the regulation of these sensitive issues to Parliament, the Court has managed to position itself at the center of institutional dynamics on this matter. This article critically examines the Court’s approach, highlighting its unique role in shaping the legal landscape surrounding the right to die in Italy.
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"The Master of Vaccines.
Brazil's Supreme Federal Court in the Thick of the Fray" Revue française de droit administratif,
vol. 38, n°3, 2022, p. 576-586 |
The covid-19 pandemic has not only severely affected the Brazilian population, but has also created tensions between institutions, both horizontally - between the organs of the Federal Union - and vertically - between the federal executive and the federated entities. The role played by the Supreme Federal Court during this period was peculiar: through various decisions - most notably, in December 2020, on the determination of the authorities entitled to prescribe compulsory vaccination - it contributed to the transfer of the health powers of the President of the Republic and of the Minister of Health of the Union to the federative entities, in circumstances that are worthy of renewing the long-standing debate on the political role of constitutional courts and on the ways in which constitutional justice decisions are motivated.
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"Citizenship and
Compliance With the Law" Jus Politicum,
vol. 27, 2022, p. 143-171 |
Although it is usually seen through the lens of political rights – right to vote, right to be elected – citizenship also implies duties, especially a duty to obey the law. This correlation between obligation to comply with the law and citizenship deserves to be further clarified and tested. We argue that two concepts of citizenship, which are often blended together, citizenship in a philosophical sense and citizenship in a legal sense, should be differentiated ; that the obligation to obey the law is a necessary feature of citizenship in a philosophical sense, not of the citizenship in a legal sense.
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"Calhoun's Revenge:
Abortion as a Challenge to American Federalism" Revue française de droit administratif,
vol. 37, n°6, 2021, p. 1119-1128 |
Particular attention should be paid to the emergency order by which the Supreme Court refused to suspend the application, before its entry into force, of a law of the State of Texas substantially reducing the period of time during which women can obtain abortion care. It sheds light on an original legislative mechanism: by entrusting private persons with the task of guaranteeing its enforcement before civil courts, Texas develops a legislative shell intended to immunize itself against constitutional review. This raises a thorny challenge for American federalism.
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"The Reappearance
of Punitive Closures of Places of Worship" Revue française de droit administratif,
vol. 37, n°3, 2021, p. 519-533 |
In France, punitive closures of places of worship have been abandoned, for the most part, since the French Revolution. They reappeared half a decade ago, by the combined action of the Parliament, of the Government and of the administrative judge. The closure of the Pantin mosque, in reaction to the murder of Samuel Paty – a middle-school teacher, killed and beheaded by an Islamist on October 2020, after a course he taught on freedom of expression – gave visibility to such a policy. This paper shows that such closures, ordered for punitive purposes, upsets, in a perilous way, the subtle balance institutional guarantees of freedoms, and the collective aspirations for public safety.
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"Putting the French Revolution
in Order: About Pierre Louis Rœderer’s Constitutional Ideas" Jus Politicum, vol. 24, 2020,
p. 273-303 |
Pierre-Louis Rœderer was an important actor of the French Revolution and the First Empire. He was active from the Ancien Régime until the July Monarchy. He published a great number of constitutional writings, which deserve to be exhumed. This article shows that they reveal an ambition to put the French Revolution in order. First, in an intellectual manner: he makes an essential distinction between the liberal inventiveness of 1789 and the violence of 1793. Then, in a more concrete way: the concept of "public order" takes a central place in his political theory.
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"The Non-Theory
of “Special Circumstances”. About the Decision Regarding “State of Health Emergency” Organic Legislation" Actualité juridique
droit administratif, vol. 76, n°15, 2020, p. 843-848 |
In reviewing an organic law adopted in disregard of a procedural constraint imposed by the Constitution, the Constitutional Council declared it to be in conformity with the Constitution. The interest of its decision lies in its contra constitutionem scope, in the motive that seems to underlie it – the diffuse feeling of a state of necessity – and in its lapidary motivation, symptomatic of a singular way of administering constitutional justice in France.
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"Scandal and Fury.
About Brett Kavanaugh's confirmation to the Supreme Court" Jus Politicum, vol. 21, 2018
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Brett Kavanaugh's confirmation hearings leave unanswered an allegation of sexual misconduct and the possibility of a perjury in front of the United States Senate Committee on the judiciary. The article shows that those hearings were not as original as we could think: they fit into a long tradition of scandals that showed up during confirmation processes such as this one, and that shared with this one many common points. What was original, here, was the nominee's defense strategy: Brett Kavanaugh broke with the a tradition of usual behavior of Supreme Court nominees who try to remain calm and to embody the abstract idea of judicial dignity.
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"Presidential Dignity
in the Criminal Court: the Trial of Jacques Chirac" Revue du droit public et de la science politique en France et à l'étranger, vol. 134, n°2, 2018, p. 407-422
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More than five years after former French president Jacques Chirac's trial, it is possible to shed a new light on the constitutional provisions regarding the French president of the Republic, beyond their temporal scope, and on the conditions pursuant to which first level politicians can be judged by a ordinary criminal court. Jacques Chirac's trial put an end to the commonly shared idea of the criminal impeccability of the French head of state. This article shows that two common claims in French constitutional law should be nuanced i.e., that a former president would become, after the term of his presidency, an "ordinary" citizen to be held accountable by the law as any other citizen, and that the criminal judge would be in a better position to judge such a politician than the political judge.
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"Legislative Intent and Normative Ambiguity"
Droit & Philosophie, vol. 9, 2018,
p. 79-119 |
It is commonly believed that legislative intent is a way to eradicate the ambiguity of a legal norm. This articles highlights the many confusions surrounding the concept of "legislative intent", and offers a clarification of the phenomena referred to by such an expression. It shows that references to legislative intent are flawed, in several ways, and that many of the claims made about such a use of legislative intent are to be criticized.
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"Misappropriation
of Land Reserves for Commercial Purposes" Revue française de droit administratif, vol. 31, n°5, 2015, p. 937-955
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For a long time, land reserves have been seen as a way to control the price of the land in France. Many of them are misappropriated by local authorities: by way of example, lands that have been expropriated or pre-empted in the past are then sold by the authorities, retrospectively depriving the land reserves of their purpose. The article claims that administrative interest and general interest should be differentiated in that instance.
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"Atlantis:
Submersion of the State in International Law" Revue générale de droit international public, vol. 118, n°1, 2014, p. 95-130
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The prospect of a rise in sea levels bringing about the total submersion of some island states’ territory raises new questions for international law, questions that should be considered in anticipation of this geophysical phenomenon. The physical disappearance of a State’s territory would be a new cause of State extinction, and all the more original as it would, by assumption, make the succession of States impossible. Notions which form the cornerstone of international law – the territory and the State – will potentially need to evolve when faced with a geophysical phenomenon of such magnitude.
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Book Chapters
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"Constitutional Rights
before the Constitutional Council: Freedom of Expression and Communication" [To be published, 2025] S. Benzina, Ch.-É. Sénac (dir.),
Contentieux des droits et libertés constitutionnels, Lextenso Éditions |
Freedom of expression and communication in France is subject to an evolving framework that balances protection with the need to curb abuses committed in its name. The Constitutional Council plays a central role in this process. By conceiving this freedom not only as an individual right but also as an essential condition for democratic deliberation, the Council has reshaped its collective understanding while maintaining certain balances first established in the late eighteenth century. Analyzing the Council’s treatment of this freedom highlights several distinctive features of French constitutional adjudication.
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"A Nation Confronting Its Demons: The Representativeness of the South African Constitutional Court"
[To be published, 2025] Ch. Denizeau-Lahaye (dir.),
La composition des juridictions constitutionnelles, Éditions Panthéon-Assas |
The 1996 South African Constitution, designed as a vehicle for transforming the state and society following the fall of the apartheid regime, imposes a requirement of representativeness on the authorities responsible for appointing members of the Constitutional Court. It mandates that “when judges are appointed,” consideration must be given to “the need for the judiciary to broadly reflect the racial and gender composition of South Africa.” Three decades later, the country stands as a unique laboratory for those questioning the appropriateness of mandating, through legal rules, the composition of constitutional courts to enhance representativeness. This piece aims to present and critically assess this phenomenon, exploring its implications and the lessons it offers for other nations grappling with similar issues of judicial diversity and inclusion.
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"Deciding in the Shadows:
The Shadow Docket, a Procedural Bypass?" [To be published, 2025] I. Fassassi (dir.),
La Cour suprême en question, Éditions Panthéon-Assas |
The United States Supreme Court has increasingly shown a tendency to resolve significant issues through summary orders, thereby shifting these matters into what has come to be known as its “shadow docket.” This piece seeks to explore the diversity of these orders, place their historical novelty into context, and examine how their use has evolved, particularly since the presidency of Donald Trump. A critical analysis follows, acknowledging the challenges posed by this trend while also arguing for a measured understanding of its implications. The relationship between these summary orders and full-dress procedures represents one of the Supreme Court’s most pressing challenges today.
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"Doctrinal Generations:
Studying Constitutional Council Decisions, Between Successes and Failures" S. Benzina, J. Jeanneney (dir.),
La doctrine et le Conseil constitutionnel, Dalloz, coll. Thèmes & commentaires, 2024, p. 155-195 |
Even as the reasons to focus on the decisions of the Constitutional Council have never been more compelling, these decisions are currently eliciting a certain degree of doctrinal disillusionment. To understand this phenomenon, it is necessary to trace the origins and transformations of the academic discipline dedicated to the study of the Constitutional Council’s decisions since its inception. This analysis adopts two primary approaches—generational and chronological—to offer a contextualized perspective on the French method of studying constitutional justice, navigating between free exploration, militant dogmatism, and creative destruction.
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"An Institutional Farce:
The Parliamentary Hearings of Constitutional Council Nominees" Pouvoir et contre-pouvoirs.
Mélanges Bertrand Mathieu, LGDJ, 2023, p. 349-354 |
The introduction of a parliamentary oversight procedure for candidates to the Constitutional Council, brought about by the constitutional revision of July 23, 2008, represents a distinctive failure that fifteen years of hindsight now allow us to fully comprehend. This study meticulously analyzes the exchanges between members of the legal committees of both parliamentary chambers and around twenty candidates for the Constitutional Council, contrasting the actual practice with the initial hopes invested in it. The concept of “institutional farce,” as proposed here, offers a lens through which to understand the dynamics at play in these hearings.
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"Case Law Outside the Courtrooms"
A. Le Divellec (dir.),
Des institutions et des normes. Une question préalable à l'analyse juridique, Éditions Panthéon-Assas, p. 103-143 |
Could it be that the jurisprudential phenomenon extends beyond the courtrooms, where our legal culture has become accustomed to confining it? Various practices of executive bodies or of the Parliament share many common features with the "case law of the courts". Very often, they are reduced to concepts that are not tailored to them - first and foremost constitutional customs or conventions. We try to shed light on this neglected source of constitutional law.
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"Legal Uncertainty:
An Argument in Parliament" G. Cerqueira, H. Fulchiron,
N. Nord (dir.), L'insécurité juridique: l'émergence d'une notion?, Société de législation comparée, 2022, p. 115-136 |
As a phenomenon, legal uncertainty is not new. As a legal category, it is as rare as it is recent. As a concept, it suffers from defects similar to that of "legal security", which has been singularly popular since the early 1990s. As an argumentative resource, it is commonly invoked, in plenary sessions, in the French National Assembly. Its interest lies less in what it designates - a set of phenomena already apprehended by other concepts - than in what its increasing invocation reveals about our societies and our contemporary legal systems.
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"Is the Constitution, in Canada,
a Canadian One? About the 1982 “Patriation”" Révolution, Constitution, Décentralisation.
Mélanges Michel Verpeaux, Dalloz, 2020, p. 347-360 |
Although largely in control of its own internal and external destiny, Canada has long been unable to amend, without an act of the British Parliament, a Constitution that the British Parliament had adopted for it and had not ratified. The attribution to Canada of the power to directly amend its Constitution - presented as the "Patriation" of the latter - is less a normative revolution than a symbolic and political rupture. This original form of constitutional spatial change within the Commonwealth nonetheless raises several challenging questions for constitutional theory.
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"Constitutional Complaints"
D. Rousseau (dir.),
Réclamer en démocratie, Mare & Martin, 2019, p. 51-117 |
Registers of grievances before the French Revolution, petitions, street demonstrations, requests and appeals, conversations with members of Parliament: all of the above are part of the idea of "constitutional complaints", even if it is not always easy to distinguish precisely what comes under it and what does not. However, the community of properties attached to these phenomena and the questions they bring forward regarding the theories of sovereignty and representation justify that they be studied together. To this end, we develop a concept of "constitutional complaints", and then we apply it to constitutional law.
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"Constitutional Reformism during the French Fifth Republic"
Ph. Blachèr (dir.),
La Constitution de la Cinquième République: 60 ans d'application (1958-2018), LGDJ-Lextenso, 2018, p. 135-153 |
Constitutional reformism can be understood as the tendency to prescribe a change in the Constitution, in order to improve institutions and the protection of rights and freedoms. Embodied by the public statements that strive to convince that the Constitution should be amended, constitutional reformism sheds a new light on constitutional norms and constitutional interpretations. This chapter circumscribes the concept of "constitutional reformism" before putting into perspective some of the main manifestations of such a phenomenon.
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Other Writings
Book Reviews
Legal Blogs
Op-Eds
"Criminal Justice: Let’s Embrace the Divide", Le Nouvel Observateur, Febrary 4, 2010 (with Mathias Chichportich)
Broadcasting Scientific Knowledge
Varia
Member of the “Lehmann Commission” about the future of Ecole Normale Supérieure, report published in L’Archicube, Vol. 5, December 2008, pp. 103-120
"Parisian Concierges. A Literary Myth", Chantiers politiques, Publications de l'ENS, vol. 4, "Le logement ici, ailleurs, nulle part", 2006
Lectures & Conferences
Presentations at Conferences and Roundtables
University of Toulouse-Capitole — June 20, 2025
- Conference "Constitutional Justice and Constitutional Cultures"
- "The U.S. Supreme Court as Mirror and Driver of a Distinct Constitutional Culture"
University of Nice — June 6, 2025
- Conference "The Practice of Presidential Power under the Fifth Republic: Institutional Stakes and Political Developments"
- "Judicial Counterweights to Hyper-Presidentialism in the United States and France"
University of Verona — May 29, 2025
- Seminar "Dissenting Opinions before Constitutional Courts"
- "Dissenting Opinions in French Legal Culture"
Paris Panthéon-Assas University — May 16, 2025
- Conference "The Political Law of the French Revolution"
- "The French Revolution Seen from Abroad: The North American Perspective"
University of Strasbourg — March 13, 2025
- Conference "Contemporary Limitations to the Development of Human Rights Law: International and Domestic Perspectives"
- "Women’s Rights and the French Constitutional Council"
Constitutional Council — January 15, 2025
- Conference "Fifty Years after the 1975 Abortion Decision: A Jurisprudence in Question"
- “The Reception of the Abortion Decision by Legal Scholars”
Paris Panthéon-Assas University — October 16, 2024
- Roundtable "From Dissolution to the Formation of the Barnier Government: Where Do Our Institutions Stand?"
University of Strasbourg — April 2, 2024
- Roundtable "About Bruno Daugeron's Constitutional Law"
Panthéon-Sorbonne University — Mars 28, 2024
- Roundtable "What Future for the Political and Criminal Responsibility of Ministers?"
Panthéon-Sorbonne University — Décembre 6, 2023
- Roundtable "Discussions on an article by Yvonne Tew" — ISJPS
Queen Mary University London — September 28, 2023
- Roundtable "Law and Globalisation: Views from Legal Theory and Legal Practice"
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University of Johannesburg — December 5-9, 2022
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Paris-Panthéon-Assas University — November 30, 2022
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Queen Mary University London — November 18, 2022
- Roundtable "Does Legal Theory Matter to Practice?"
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Panthéon-Assas University — October 21, 2022
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Toulouse Capitole University — September 29-30, 2022
- "The Reasoning of Lawyers" (Roundtable)
Princeton University — September 12, 2022
- Ezra Suleiman Commemoration
- "Ezra Suleiman and France"
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Aix-Marseille University — March 31, April 1, 2022
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Académie des sciences morales et politiques — October 11, 2021
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University of Strasbourg — September 23-24, 2021
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Panthéon-Sorbonne University — September 9-10, 2021
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Panthéon-Assas University — May 28, 2021
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Panthéon-Assas University — May 19, 2021
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Court of cassation — March 22, 2021
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University of Texas at Austin — January 13, 2021
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Sciences-po — June 18, 2019
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Court of cassation — February 22, 2019
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Panthéon-Sorbonne University — December 11, 2017
- Roundtable "On Dominique Rousseau's book, Radicalizing Democracy"
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Yale Law School — April 27, 2017
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Panthéon-Assas University — March 21, 2016
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Individual Lectures
Panthéon-Sorbonne University — January 17, 2024
- Conférence, rentrée de l'école doctorale de droit public
- Responsabilité ministérielle et judiciarisation de la vie publique
Toulouse Capitole University — December 12, 2023
University of Strasbourg — March 9, 2023
University of Strasbourg — June 21, 2022
- Cycle "Rencontre avec l'auteur, actualité de la doctrine juridique"
- Autour de la publication d'écrits de Pierre-Louis Rœderer
University of Poitiers — April 6, 2022
Queen Mary University London — November 13, 2020
- United States Elections Debrief
- "Rule of Law vs. Rule of Trump? Constitutional Implications of the 2020 Elections"
Université Panthéon-Assas — November 22, 2019
- Conférence-débat de l'Institut Cujas et du centre d'études constitutionnelles et politiques
- "Les lacunes constitutionnelles"
Sciences-po — June 20, 2018
Sciences-po — June 21, 2017
- Séminaire doctoral "Semaine doctorale intensive"
- "Populism and Constitution"
Ecole de droit de la Sorbonne — June 19, 2017
- Déjeuners-débats de l'Ecole de droit de la Sorbonne
- "L'audition parlementaire des candidats à la fonction de juge constitutionnel aux Etats-Unis et en France"
Université de Rouen — January 19, 2017
- Séminaire "Rendez-vous rouennais de la pensée juridique"
- "Les singularités de l'esprit de système en droit constitutionnel"
Ecole de droit de la Sorbonne — December 12, 2012
- Séminaire doctoral "Centre de recherche en droit constitutionnel"
- "Les lacunes constitutionnelles"
Other Public Talks
Rendez-vous de l'histoire de Blois — October 12, 2024
- Interview "La Cour suprême des États-Unis depuis le XVIIIe siècle" (with Luc Daireaux)
Rendez-vous de l'histoire de Blois — October 11, 2024
- Roundtable "Éduquer à l'engagement citoyen à travers l'étude des institutions: l'exemple du Conseil constitutionnel" (with J. Gourault et Marie Bardiaux-Vaïente)
Association des professeurs d'histoire géographie — July 4, 2024
- Debate "Les fièvres de la démocratie américaine" (with Romain Huret)
Panthéon-Sorbonne University — October 4, 2022
- Roundtable "Nuit du droit: Faut-il supprimer le juge constitutionnel?"
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Columbia Alumni Association of France — May 11, 2017
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Radio
Teaching
Current Courses
University of Strasbourg
- Constitutional Law
- Constitutional Law Procedure
- Current Issues of Constitutional Law
Institut national du service public
- Constitutional Law
Panthéon-Sorbonne University
- Major Doctrinal Debates in Public Law
Paris-Panthéon-Assas University
- Economic Constitutional Law
Toulouse Capitole University
- The U.S. Supreme Court
Previous Courses
Sorbonne Law School — Courses
- Human Rights and Liberties (2017-2018)
- Comparative Constitutional Process (2016-2018)
- Transnational Law of Public Contracts (2016-2018)
- Public Procurement Law (2016-2018)
- Administrative Law (2016-2018)
- Legal Method (2016-2018)
- Introduction to French and European Law [in English] (2016-2017)
- Current Legal and Political Issues (2015-2016)
- Administrative Law History: Five Authors (2015-2016)
Sorbonne Law School — Seminars
- Law of Public Contracts (2014-2016)
- Constitutional Litigation (2013, 2015)
- Public Property (2015-2016)
- Administrative Law (2010-2016)
French National School of Administration, "E.N.A."
- French Constitutional and Administrative Organisation (2016)
- Constitutional and Administrative Institutions [in English] (2015)
Academic Responsibilities
University of Strasbourg
- Director of the Master in "Public Law" (since 2021)
Director of the dual degree in English and French Law
- Sorbonne Law School and University of London (King's College/Queen Mary University) (2016-2018)