ABSTRACT

Since its origin, the administrative judge has been partly the creator of “administrative law”: he regularly renews it on the basis of “definitions” of “concepts” or “notions,” so many elements that seems necessary to him to carry out his office. The judge can generate a normative state of affairs: the judge justifies this creation by its conformity to shared values. There would thus be an intentionality on the part of the judge oriented in accordance with the search for certain social values or for the benefit of certain choices in society. Validity expresses three dimensions of the being of law: its enunciations, its statements, and its propositions. Through these three dimensions, supreme law forms reality and therefore engenders a specific relationship with the truth it enunciates. The claimed inclusion of the realistic and pragmatic function of the judge in the world is regularly manifested by the assertion that the judge reports and elaborates the "judicial truth".