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Le bien-fonde d'une theorie juridique expressive de l'interpretation administrative

This article supplies an understanding of the theoretical nature of the interpretation of legislation by the Executive using administrative instruments (circulaires et directives administratives) by investigating the traditional interaction between administrative bodies and law in France. Reinstating the value of a theory-based methodology for understanding the practice of government by informal rules and their judicial scrutiny, this article focuses on the role, legitimacy and ideologies of policy-makers in interpreting the law through their use of administrative instruments according to the realist theory of interpretation developed by Michel TROPER, therefore reflecting on the appropriate criteria of their judicial review.