Conceptual Analysis of Fundamental Rights in French Administrative Law

Abstract

Fundamental rights constitute one of the complex subjects in human rights law. These rights are achievements of the rule-of-law state, which—based on a legal structure grounded in the hierarchy of norms, the principle of the rule of law, and the separation of powers—has been formed upon a liberal foundation. In the realm of fundamental rights, it is not appropriate to distinguish between rights as constitutional or non-constitutional, nor to focus on whether they are expressly stipulated in the constitution or not; rather, what matters are the principles, values, and foundations through which the rule-of-law state conceives fundamental rights as its ultimate objective. In this regard, the jurisprudence of the Constitutional Council of France is particularly noteworthy, as this body has assumed a prominent role in the dynamism and development of fundamental rights. Consequently, understanding and comprehending the concepts and characteristics of these rights requires attention to their formative contexts, underlying foundations, and the manner of their evolution. These rights belong to the category of superior norms; in other words, fundamental rights embody a value system concerning rights and freedoms deemed fundamental, as reflected and strongly emphasized in international instruments such as human rights declarations and the two Covenants (civil and political rights; economic, social, and cultural rights).