ABSTRACT
There are superior principles of French law known as les principes fondamenteux reconnus par les lois de la République. The existence of these was recognised in the 1946 Constitution. When a judge is faced with an issue for which there appears to be no applicable law, or for which the law is poorly conceived,4 he may use these principles to enable him to reach a decision. Examples of such principles are the concepts of abuse of rights, public order (l’ordre public) and good morals (bonnes moeurs).5 General principles of law have been recognised by the Conseil constitutionnel, the Conseil d’Etat6 and the Cour de cassation.7
