Il controle de proportionalité nell'evoluzione dottrinale francese

The principle of proportionality as applied to the discretionary power of the French Public Administration culminates in the controle maximum. Notwithstanding an unfavourable case law, the principle of proportionality has strongly developed and thus extended its application. French legal scholars, since the early fifties, have enhanced this expansion by trying to explain the content of this principle. The scholarly contribution to the development of the principle of proportionality is quite relevant considering that this principle is not expressed at an administrative, constitutional or statutory level, yet it does not imply any legal efficacy. Notwithstanding the latter the contributions of French scholars do represent an important cornerstone of the development of both the notion and the review carried out its basis