Judicial review Prior to 1971, though executive, administrative and judicial decisions had to comply with the general principles of law (
jurisprudence derived from law and the practice of law in general), there were no such restrictions on legislation. It was assumed that unelected judges and other appointees should not be able to overrule laws voted for by the directly elected French parliament.
Constitutional block One of the cornerstones of the Constitution of the French Fifth Republic was the establishment of the
Constitutional Council, composing of nine justices, who oversaw the constitutionality of legislation (treaties, statutes, regulations), ensured election and referendum oversight, and arbitrated legislative disputes between the President and National Assembly. This followed a broader trend during post-war Europe to establish specialized judiciary tribunals to serve as a bulwark against unconstitutional legislative activities. However, the Council was quite limited in its power under de Gaulle’s presidency and was only decisive when it erroneously upheld a popular referendum to streamline the popular presidential election via the Constitution. Following
de Gaulle’s resignation in 1969, the Council entertained greater judicial power and discretion upon adjudicating in the consequential political crisis. The staunch Gaullist
Georges Pompidou was elected as de Gaulle’s replacement. He faced a political crisis when his Prime Minister
Jacques Chaban-Delmas pressured the
National Assembly into banning the radical
Proletarian Left (La gauche prolétarienne) twice, which he deemed a threat to the public order and national security. This led to opposition from the
French Senate, whose president appealed to the Constitutional Council. Consequently, in 1971, the Constitutional Council ruled its landmark decision
71-44 DC, better known as the 1971 Freedom of Association Decision. In such, the Council broke precedent by striking down legislation that allegedly violated the right to freedom of association, thereby fostering the "Constitutional Block." The Block consisted of the 1958 Constitution, explicit standards (
Declaration of the Rights of Man and of the Citizen of 1789,
the Preamble to the Constitution of the Fourth Republic or 1946 Constitution), and implicit standards (the
fundamental principles of the Republic—indivisibility, secularism, democracy, equal opportunity). Thus, according to the Council, the actions taken violated the collective principles of the Constitutional Block. Prior to the 1971 Freedom of Association Decision, the Council could only verify laws under the explicit textual stipulation of the 1958 Constitution. Since the 1971 decision, the Constitutional Court obtained an enhanced role in judicial review by having a broader constitutional basis to review alleged legislative breaches, curbing the goal of
Gaullists from 1958 of maintaining a strong executive. Since the ruling, the Constitutional Council has added the
2004 Charter of the Environment to France’s Constitutional Block, demonstrating France’s newfound tenacity in judicial review.
Principles of the Republic In the Constitution are written the principles of the French Republic: •
Social welfare, which means that everybody must be able to access free public services and be helped when needed. •
Laïcité, which means that the churches are separated from the
State and the freedom from religion is protected. •
Democracy, which means that the Parliament and the Government are elected by the people. • Indivisibility, which means that the French people are united in a single
sovereign country with one language, the
French language, and all people are equal. == Amendments ==