Constitutional Council of France

The Constitutional Council was established by the Constitution of the Fifth Republic on 4 October 1958. It is the highest constitutional authority in France. Its duty is to ensure that the principles and rules of the constitution are upheld. It consides conformance with the Constitution, and, since 1971, with the principles in two texts referred to by the preamble of that constitution: the Declaration of the Rights of the Man and of the Citizen and the preamble of the constitution of the Fourth Republic, which are thus considered general principles of constitutional value.

Related Topics:
Constitution of the Fifth Republic - 4 October - 1958 - Constitution - France - Declaration of the Rights of the Man and of the Citizen - Fourth Republic

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The council can only do so when issues are brought before it, it has no power to judge otherwise. Thus, statute legislation can only be judged to be unconstitutional if it is brought before the council before it is signed, after it is passed by Parliament; but it is not possible to bring legislation to the Council afterward. However, executive decisions and regulations can be quashed by the administrative courts and the Conseil d'État. Furthermore, Courts, especially the Court of Cassation, may refuse decisions that they deem contrary to French Law, or treaties such as the European Convention on Human Rights.

Related Topics:
Legislation - Conseil d'État - Court of Cassation - European Convention on Human Rights

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The council sits in the Palais Royal in Paris, just near the Conseil d'État.

Related Topics:
Palais Royal - Paris

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