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Politics and government of
France The Constitutional Council (Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958. It is the highest constitutional authority in France. Its duty is to ensure that the principles and rules of the constitution are upheld. It considers conformity with the Constitution, and, since 1971, conformity with two texts referred to by the preamble of that constitution the Declaration of the Rights of the Man and of the Citizen and the preamble of the constitution of the Fourth Republic, which are considered to be general principles of constitutional law. The Council can only do so when issues are brought before it, it has no power to judge otherwise. Thus statute legislation can only be judged to be unconstitutional if it is brought before the Council before it is signed, after it is passed by Parliament it is not possible to bring legislation to the Council afterward. However, executive decisions and regulations can be quashed by the administrative courts and the Conseil d'État. Furthermore, courts, especially the Court of Cassation, may refuse to follow decisions that they deem contrary to French Law or to treaties such as the European Convention on Human Rights. The Council sits in the Palais Royal in Paris, near the Conseil d'État.
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