Summary of the Constitution of the Fifth Republic

The concept of the Constitutional Block expands constitutional principles beyond the text of the 1958 Constitution, signifying its ongoing relevance and evolution.

The Preamble of the 1958 French Constitution acknowledges the Declaration of the Rights of Man and of the Citizen (1789) and the Preamble of the 1946 Constitution. This highlights the continuity and evolution of French constitutional principles.

The French Fifth Republic's Constitution combines elements of parliamentary and presidential regimes, drawing strengths from both systems while mitigating potential weaknesses.

A parliamentary regime is characterized by a parliament holding significant political power, with the government deriving its authority from the legislature.

In a presidential regime, there is a clear separation of powers between the executive and legislative branches, with the president having substantial executive authority.

The UK's electoral system, known as the first-past-the-post system, is a majoritarian system where the candidate with the most votes in a single-member constituency wins the seat.

In the UK, the leader of the political party or coalition that commands a majority in the House of Commons becomes the Prime Minister, signifying a close relationship between the prime minister and the legislature.

The House of Commons in the UK, comprising directly elected members, is the lower chamber of Parliament, holding significant power in the British parliamentary system.

The Fifth Republic of France is a parliamentary system with a strong president.

The president of France holds significant power, but is not accountable to the parliament.

The government in France is responsible to the National Assembly, which is similar to a parliament.

The French president relies on the 'counter-signature' mechanism to transfer political responsibility to the government.

The French president's powers are extended in times of crisis through Article 16 of the Constitution, granting them full control.

The French constitution sets specific areas where the National Assembly can intervene, limiting its power.

The Conseil Constitutionnel is an independent body in France that ensures laws passed by the National Assembly align with the Constitution.

The 'fait majoritaire' allows the president to maintain a majority in the National Assembly, strengthening their control.

Natural law preexists society and the state, and its rights are inherent to human nature. It grants individuals inherent rights, independent of government laws.

The Declaration of the Rights of Man and of the Citizen (1789) prioritizes individual rights over community rights, reflecting a break from the pre-revolutionary era where individuals were defined by their social order (e.g., nobility, clergy, etc.), limiting the power of the state. It grants rights to each person, even if they don't consider themselves part of a community.

The Declaration of the Rights of Man and of the Citizen (1789) reflects classical liberalism, limiting the power of the state to protect individual rights. The rights protected are negative rights, requiring the state to abstain from interference.

The Declaration of the Rights of Man and of the Citizen (1789) emphasizes the central role of law in the legal order. It proclaims that the law is the expression of the general will, reflecting the influence of Rousseau.

The Declaration of the Rights of Man and of the Citizen (1789) asserts that the rights it protects are universal, meaning everyone is entitled to them, regardless of their background or citizenship.

The Preamble of the 1946 Constitution expands on the principles of the 1789 Declaration by including political, economic, and social rights that were absent in the earlier declaration. It seeks to add a layer of social welfare protections.

The Preamble of the 1946 Constitution outlines key protections related to education, employment, and housing, signifying the shift towards a more social-oriented concept of rights.

The Preamble of the 1946 Constitution was first invoked by the Constitutional Council in their decision regarding abortion law in 1975. This signifies the judicial recognition of the constitutional framework and its application to contemporary legal issues.

The Charter for the Environment in France protects environmental rights and duties at the highest level of French law and ensures all laws respect its principles.

Article 1 of the Charter for the Environment states that everyone has the right to live in an environment that is balanced and respects public health.

The Charter for the Environment emphasizes the duty of everyone to participate in preserving and improving the environment.

The "a priori" review happens before a law is formally enacted. It allows specific authorities to challenge the constitutionality of a law before it becomes law.

The "a posteriori" review allows anyone to challenge the constitutionality of a law after it has been enacted. This is a new procedure introduced in 2008.

Not all provisions of the Charter for the Environment can be invoked in the "a posteriori" review, which limits its application.

The "a posteriori" review provides a way for citizens to challenge laws they believe violate the constitution. This promotes a more democratic and participatory system.

The "a priori" review procedure allows the law to be challenged by specific authorities, but not by individual citizens.

The Constitutional Council determined that certain principles, ingrained in French law before the 1946 constitution, possess constitutional importance, even if not explicitly stated in the text.

The freedom of association is a fundamental principle, established through a landmark decision of the Constitutional Council.

The Constitutional Council added the Charter for the Environment, which outlines environmental rights, to the preamble of the 1958 Constitution by revising it in 2005.

The Constitutional Council considers it safer to rely on a textual source like the constitution or the Declaration of 1789 when defining rights, rather than creating new principles through its own decisions.

Civil and political rights, like freedom of expression (1st generation), have expanded to include social and economic rights (2nd generation), and now environmental rights (3rd generation).

The Constitutional Council recognized a block of fundamental principles beyond the written text of the constitution, highlighting its dynamic and adaptable nature.

The Preamble of the 1958 French Constitution is not just symbolic but holds significant weight, reflecting the evolution of French constitutional principles.

The 1958 Constitution makes direct reference to the Declaration of 1789 in its preamble, showcasing the continuity and evolution of French fundamental principles.

The Constitutional Block encompasses the entirety of the French Constitution including its amendments, but excludes certain statutes, like international treaties.

International treaties, although superior to statutes, are not part of the Constitutional Block. The Constitutional Council (CC) cannot declare a law unconstitutional solely because it contradicts a treaty.

This type of review examines whether a law adheres to international conventions.

This type of review examines whether a law adheres to the French Constitution.

The European Convention on Human Rights, a key protector of fundamental rights, is an example of an international treaty that is NOT part of the Constitutional Block.

The French Constitution is considered the highest law, even above EU treaties. This creates potential tension, as French courts view their Constitution as superior.

The CC is only competent to conduct Constitutional review, not Conventional review. This means they can't declare a law unconstitutional solely based on its violation of a treaty.

Ordinary French judges are responsible for Conventional review, meaning they can assess whether a law contradicts an international treaty.