Abstract
Embodying a revolution in French constitutional law, in principle, the Constitutional Council initially seemed destined for a marginal role. However, a 1971 decision constitutionalizing the Preamble to the constitution and the 1974 revision extending access to 60 parliamentarians transformed its prospects. Initially devised to keep Parliament in its place, it is now a force to be reckoned with at every stage in the policy process but its constraints are felt mainly by the executive. Its jurisprudence displays a blend of audacity and prudence, combining ambitious developments in respect of human rights and national independence with cautious awareness of its vulnerability as a recent creation arbitrating controversial issues within a system traditionally antipathetic to ‘government by the judges’.
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