Constitution
The fundamental text that organises public authorities and governs how they exercise their powers. In France, the Constitution and the texts referred to in its preamble guarantee fundamental rights and principles.
Organising institutions
The Constitution of 4 October 1958 defines the framework of the Republic’s institutions, their powers and their relationships. In particular, it establishes the functions of the President of the Republic, the Government and Parliament.
Guaranteeing rights
Constitutional review is not based solely on the articles of the constitutional text. The block of constitutionality also includes reference texts and principles, notably the Declaration of the Rights of Man and of the Citizen, the Preamble to the Constitution of 1946 and the Charter for the Environment.
Reviewing laws
The Constitutional Council may examine whether laws comply with the Constitution under the prescribed conditions. The priority question of constitutionality (QPC) also allows a statutory provision already in force that may infringe constitutionally guaranteed rights and freedoms to be challenged during court proceedings.
Do not confuse
A Constitution is not an ordinary law. Amending it follows a specific procedure. The relationships between the Constitution, European Union law and international commitments are governed by specific rules: they cannot be reduced to a comparison between ordinary texts.
See also
Quiz topics with this term
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