Among the number of constitutional principles on which the French Republic is based, one can single out a special one that cannot be found in other European countries - fraternity. The question of the essence of this principle became relevant after one of the decisions of the Constitutional Council of France, namely the decision of 2018. It was with this decision that the Council gave constitutional value to the above-mentioned principle. The evolution of the fraternity dates back to the French Revolution of 1789, a series of Constitutions, particularly those of 1791 and 1793, to the Fourth and Fifth Republics. Being related to the principle of the welfare state, the principle of fraternity means a bond between society without elements of discrimination. It is noted that the essence of the principle of fraternity, on the one hand, is that fraternity can exist only between free and equal people, on the other hand, freedom and equality cannot exist in a society where fraternity is ignored. That is, the republican motto is a component of sovereignty, that is, an element specific to the national regulatory system, a condition for the legitimacy of power; it is the ideal which the French ascribe to constitutional powers; a kind of higher constitutionalism, not to mention supraconstitutionality. The modern understanding of this principle, formulated and explained in the decision of the Constitutional Council, should be equated with the values of tolerance, respect for human dignity, etc. More precisely, it is the freedom to help others, for humanitarian purposes, regardless of the regularity of his stay on the national territory. At the same time, the legislator must ensure coordination between the principle of fraternity and the protection of public law and order. It was concluded that the principle of fraternity is universal, because it applies to all citizens and foreigners, even with illegal status. It is indicated that among the fundamental constitutional principles contained in the texts of the Constitutions of most democratic states, in France, in addition to the principles of democracy, the rule of law, the social state, etc., the principle of fraternity applies. This is a unique principle that has been mentioned since the revolution of 1789, is characteristic of the identity of the legal system of the French Republic and will be the object of this study. Thus, along with the principles of equality and freedom, Article 2 of the French Constitution of 1958 contains the principle of fraternity. This is the so-called trilogic motto, each of its components complementing each other.
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