Droits administratifs américain et français : sources et procédure

Abstract

This article seeks to fill the gap evinced by the French legal literature because of the latter’s fragmented incursion into American Administrative law. Accordingly, the article proposes a global approach to U. S. Administrative law as an epistemological prerequisite for an in-depth analysis of this part of the law in the U. S. The comparison focuses on two central questions on each side of the Atlantic Ocean: on the one hand, sources of administrative law; on the other hand, procedural requirements imposed on administrative action. The article brings to light the strong similarity of the source structures of U. S. and French Administrative laws. It also underlines the relative underdevelopment of French administrative procedure in comparison to the entrenched proceduralism in the overall architecture of American administrative law.