In a version to different punishment, Renã© Capitant considers that the acts of government" are not administrative acts because they are not made in order to ensure the execution of laws, essential mission of administrative power" (CAPITANT, "of the nature of acts of government ", prec., p. 111).What we can easily respond that the regulations so-called autonomous of article 37 of the 1958 Constitution are precisely not taken with a view to the execution of laws, but they are still not least of administrative acts subject to the judicial review of the administrative judge (THIS Sect. June 26, 1959, general Union of consulting engineers, Rec. 394). Taking into account this objection,Renã© Capitant the rejects in recital that these acts are still subject to the principle of legality. But it is here take the scheme of the act for its criterion: say that the acts of government are those of the acts of the executive which are exempted from the principle of legality does not help us to objectively determine and previously which acts are precisely must escape it.
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