ABSTRACT

Unlike the UK, France has a codified constitution,1 with precise terms of reference. It is deemed to be the origin of all legal rules, and there is a general requirement that any law, regulation or court decision should be based on one of its articles. However, unlike some other countries such as Germany or the USA, there is no right of action to a constitutional court for the citizen who considers that a law or regulation infringes a constitutional provision. The only scope for constitutional review of legislation consists in a challenge which may be brought before the Conseil constitutionnel, before the law in question is truly enforceable, and only by a relatively small number of highly-placed individuals (cf. infra p. 113).