ABSTRACT

Judges on France’s ordinary and administrative courts make law and policy by interpreting and applying statutes, but the Constitutional Council is overtly involved in policy-making. The Council serves as a type of ‘third’ chamber of the French parliament, where it may annul unconstitutional legislation, ‘constitutionalise’ various legal principles, and sometimes even prescribe the precise terms of legislation. This ‘court-like’ body, thus, plays a significant and growing role in French policy-making.