Constitutional Law L1 Study Sheets

The French Constitution of 1958

The Constitution of the Fifth Republic is the supreme norm of the French legal order. Drafted under General de Gaulle and adopted by referendum on 28 September 1958, it establishes the institutions of the Republic and guarantees fundamental rights through references to the 1946 Preamble and the 1789 Declaration of the Rights of Man.

Key Institutions

• President of the Republic (Art. 5–19): guardian of the Constitution, holds key powers including dissolution (Art. 12), appointment of the Prime Minister (Art. 8), and emergency powers (Art. 16).
• Government (Art. 20–23): determines and conducts national policy. The Prime Minister directs government action (Art. 21).
• Parliament (Art. 24–51): bicameral legislature that enacts laws (Art. 34) and oversees the Government. Article 49-3 allows the Government to pass legislation without a vote.

Separation of Powers & Hierarchy of Norms

The separation of powers, theorised by Montesquieu and enshrined in Art. 16 of the 1789 Declaration, divides authority between legislative, executive, and judicial branches. France operates a rationalised parliamentary system, giving the executive tools to manage the legislative process.

The hierarchy of norms (Kelsen) places the constitutional block at the top, followed by international treaties (Art. 55), organic laws, ordinary statutes, and regulations (Art. 37).

Constitutional Review

The Constitutional Council (Art. 56–63) reviews laws for constitutionality via two mechanisms: a priori review (Art. 61) before promulgation, and the QPC (Art. 61-1, effective 2010), which allows any litigant to challenge a statute's constitutionality during proceedings. The landmark 1971 Freedom of Association decision expanded review to fundamental rights.