ABSTRACT
In principle, the constitutional restriction of the law-making domain represents a massive breach of parliamentary sovereignty, a central component of the British tradition that Debré was apparently trying to emulate. The application has been somewhat less spectacular. Bills or amendments have been ruled out of order in the Assembly on the basis of Article 34 just thirty-nine times, all of them before 1981. Rulings of the Conseil d’État and the Constitutional Council in this area have proved more liberal than restrictive. The referendum has been used on only nine occasions. On the other hand, Article 38 was used fifteen times from 1958 to 1981 and twelve times from 1981 to 1999. Perhaps the most important routine implication of Articles 34 and 37 has been that laws need decrees – décrets d’application – before coming into force, enhancing the possibility of delay and distortion of the legal text.
