2013
Cairn
Natalie Fricero, « Une dynamique majeure : la garantie des droits et libertés », Les Cahiers de la Justice, ID : 10670/1.9f7p2p
The act of judging was initially defined as the simple syllogistic application of the general and abstract national norm to a dispute, thus giving the judge minimal powers of interpretation. But confronted with often vague and imprecise notions, he is now required to make an interpretation of the interests in his presence, the stakes at hand and the underlying social values. The function and the obligation of judging by enforcing the law does not mean that the judge has to remain deaf to appeals for an ever-changing social and economic contingency. The judge has become guardian of the values of freedom and equality, of human rights, against the legislative and executive powers.