Saturday, November 10, 2007

Summary
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 by the directly elected French parliament.
In 1971, a landmark decision by the Constitutional Council (71-44DC) cited the preamble of the Constitution and its references to the principles laid in the Declaration of the Rights of Man and of the Citizen as a reason for rejecting a law that, according to the Council, violated one of these principles. Since then, it is assumed that the "constitutional block" includes not only the Constitution, but also the other texts referenced in its preamble: the Declaration, but also the preamble of the 1946 Constitution (which adds a number of "social rights", as well as the equality of males and females) and the Environment Charter of 2004.
Since then, the possibility of sending laws before the Council has been extended. In practice, the political opposition sends all controversial laws before it.

Impact with respect to personal freedoms
France has had numerous past constitutions.

The ancien régime was an absolute monarchy and lacked a formal constitution; the régime essentially relied on custom.
The Revolutionary Era saw a number of constitutions:

  • A liberal monarchical constitution was adopted October 6, 1789 and accepted by the king on July 14, 1790.
    The Constitution of 1791 or Constitution of September 3, 1791 established a limited monarchy and the Legislative Assembly.
    The Constitution of 1793 or Constitution of June 24, 1793 (Fr. Acte constitutionnel du 24 juin 1793), or Montagnard Constitution (Fr. Constitution montagnarde) was ratified, but never applied, due to the suspension of all ordinary legality October 10, 1793 (French First Republic)
    The Constitution of 1795, Constitution of August 22, 1795, Constitution of the Year III, or Constitution of 5 Fructidor established the Directory.
    The Constitution of the Year VIII, adopted December 24, 1799, established the Consulate.
    The Constitution of the Year X established a revised Consulate, with Napoleon as First Consul for Life.
    The Constitution of the Year XII established the First French Empire.
    Following the restoration of the Monarchy

    • The Charter of 1814 adopted on June 4, 1814 reestablished the Monarchy
      The additional act to the Constitutions of the Empire during the Hundred Days, April 23, 1815 (brief return of Napoleon to power)
      The Charter of 1830 adopted on August 14, 1830 ("July Monarchy")
      19th century

      • The French Constitution of 1848 of the Second French Republic, November 4, 1848
        The French Constitution of 1852 of the French Second Empire, January 14, 1852
        The French Constitutional Laws of 1875 of the French Third Republic, February 24 and 25, and July 16, 1875
        20th century

        • (The French Constitutional Law of 1940 establishing Vichy France, Pétain's WWII government that collaborated with Nazi Germany.)
          The constitutional law of November 2, 1945 – post-WWII provisional government
          The French Constitution of 1946 of the French Fourth Republic, October 27, 1946
          The constitution of the French Fifth Republic (current), October 4, 1958 French constitution Past constitutions

          Frédéric Monera, L'idée de République et la jurisprudence du Conseil constitutionnel - Paris : L.G.D.J., 2004 [1]-[2]. See also

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