La notion de commune en Amérique latine

Alexis Le Quinio 1
1 CDC - Centre de droit constitutionnel
Equipe de droit public de Lyon : EA666
Abstract : The municipality is the basic public territorial entity in all Latin American States. The approach to the notion of "commune" is essentially based on two postures: a naturalistic approach, in which the municipality is perceived as a social person necessary for the establishment of any human community and a legal approach in which the municipality is conceived as the result of a legal creation. Either it is necessary to meet man's fundamental need to live in community within a human society established at the level of a locality and constitutes the logical consequence of a principle of human solidarity in the search for well-being and security, which would result from the existence of a primary nucleus of people living within the same territory and who have similar economic and social needs. Either it is a territorial entity created by law and therefore constitutes a social reality governed by law. However, it is possible to see a synthesis of these approaches through the so-called eclectic thesis in which the societal dimension remains predominant, the municipality existing by society, with society and for the benefit of society. From this perspective, the municipality is defined according to a theoretical and empirical argument and is based, like the State, on three constituent elements: a territory, a population and a government. Thus, the municipality can be defined on the basis of a human element, a physical element and a formal element.
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https://hal.archives-ouvertes.fr/hal-02081230
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Submitted on : Wednesday, March 27, 2019 - 1:57:17 PM
Last modification on : Wednesday, April 3, 2019 - 1:15:28 AM

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Alexis Le Quinio. La notion de commune en Amérique latine. A. Le Quinio; Th. Di Manno. Quelle(s) commune(s) pour le XXIème siècle ? Approche de droit comparé, L'Harmattan, pp.79-93, 2018, Droit des collectivités territoriales, 978-2-343-15841-9. ⟨hal-02081230⟩

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